Issue - meetings

To consider a report seeking approval for a revised “statement of priorities” for dealing with a potentially large volume of Definitive Map Modification Order applications and matters requiring detailed investigations

The Committee received a report which sought approval for a revised statement of priorities for dealing with a potentially large volume of Definitive Map Modification Order applications and matters requiring detailed investigations.

Cheshire East Council, as Surveying Authority, had a duty to keep the Definitive Map and Statement under continuous review and make modifications as required.  Changes are affected by means of Definitive Map Modification Orders which may be triggered by the Council on the discovery of evidence which shows that the map and/or statement was in error, or by an individual making a formal application for a Definitive Map Modification Order under the provisions of Schedule 14 of the Wildlife and Countryside Act 1981.  The Secretary of State recommends that Surveying Authorities periodically publish a statement of priorities for dealing with Definitive Map Modification Orders. 

The current statement of priorities was based on the former Cheshire County Council’s Rights of Way Improvement Plan and a purely chronological scheme for those applications made prior to the instigation of Cheshire East Council. 

A new scoring system was proposed within the Statement of Priorities, whereby all new Schedule 14 applications and internally generated cases would be given a score.  All Definitive Map Modification Order case work would be prioritised according to that score.  The criteria were based on the objectives of the Council’s Rights of Way Improvement Plan and Sustainable Community Strategy. 

The only instance where a score would not need to be applied or taken into account, if already applied, would be in the case when a route was under threat of development and therefore potentially lost.  In these instances, the application would be taken out of turn and processed as a priority.

In the interests of fairness to existing applicants, the scoring system included recognition of the amount of time for which the applications had been on the register.

Also in consideration of the fact that user evidence frequently presented to substantiate applications was from individuals of advancing years, it was proposed to give additional weight to applications where the witnesses were aged over 70.  In undertaking this, consideration had been given to the Equality Act 2010.

RESOLVED:

That the revised Statement of Priorities for dealing with Definitive Map Modifications Orders be approved.