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The Definitive Map, Legal Orders and Notices

Information on the West Berkshire Council Definitive Map and Statement (including Registers of Definitive Map Modification Order Applications and section 31.6 Highways Act submissions), Legal Orders (including diversions, extinguishments, creations) and current Legal Notices

Definitive Map Cover

The First Consolidated Definitive Map and Statement for West Berkshire Council provides conclusive evidence that the public rights of way shown on it existed on 1st January 2000.

A public right of way continues to exist unchanged regardless of whether or not it is obstructed or unused, unless a legal order to extinguish or divert it comes into effect. Since January 2000 a number of legal orders have come into effect that override what is shown on the Definitive Map and Statement, either by creating, diverting or extinguishing public rights of way. These Orders must be consulted alongside the Definitive Map and Statement when considering whether or not a public right of way is legally recorded.

It may be possible to prove that a public right of way has been incorrectly recorded on the Definitive Map and Statement, but the burden of proof lies with the person making such a claim.

Public rights of way may be proven to exist even if they are not shown on the Definitive Map and Statement or on one of the subsequent legal Orders. It is also possible to prove that rights higher than those shown actually exist: for example a public bridleway may be shown to exist on what is currently recorded only as a public footpath, if there is suitable evidence. Private access rights may exist across public rights of way, but the Council does not keep a record of these.

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If someone believes that the Definitive Map and Statement need amending then they may apply to the surveying authority (West Berkshire Council) for a legal Order to be made to make the necessary modifications. As surveying authority, West Berkshire Council is required to keep a register of these applications. This register is available to view by clicking on the link on the right hand side of this page.

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Please see the links down the left hand side of this page for information on Legal Orders and notices




 ▼ Contacts:
Definitive Map Officer
shiggins@westberks.gov.uk
Tel:(01635) 42400 Ext: 3251

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This page was created on 22/12/2008 and last updated on 30/04/2013. - Print this page.
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