"Unfortunately Camden does not have the resource to produce and maintain a definitive map."
Team Manager, Highways Management
Ramblers response: The idea that definitive maps will take a lot of work is a myth. The majority of the work involved will be in the actual surveying and mapping of the rights of way. But the paths can be added one by one. Just one path being added would create a definitive map, albeit incomplete, in the borough. That in turn would then provide anybody with the easy means of proving that any challenged right of way actually exists, i.e, by applying for it to be added to the definitive map. Then by degrees all the rest of the paths could be added – theoretically at least. In addition the Ramblers are planning to get everyone involved in the mapping work. In other cities, such as Birmingham, many volunteers participated in the project to create the definitive maps.
"The legal position is that public footpaths in the borough as rights of way are protected from obstruction or development under highways legislation. (S.130 Highways Act 1980 - Duty of local highway authority to assert and protect public rights of use and enjoyment of any highway; S.143 -power to remove structures from highways; Section 149 - removal of things deposited on a highway causing a nuisance).
"With regard to your the suggestion that the Council adopt and maintain a Definitive Map - Part 111, sections 53 to 57 of the Wildlife and Countryside Act 1981 obliges "surveying authorities' (County Council's, Metropolitan District Councils, County Borough Councils') to produce and keep up-to-date a Definitive Map and Statement of the existence of public paths in their areas. The duty to keep and maintain a Definitive Map therefore does not apply to inner London (boroughs) (S.58). London Boroughs have power to adopt by committee resolution the provisions of sections 53 to 57, however, this is entirely at their discretion taking into account the significant full-time resources, financial and practical implications and expediency of adopting and maintaining a Definitive Map for its area.
"In the current financial climate the Council cannot take on additional powers as suggested so the current suitable safeguards will remain."
Interim Assistant Director Strategic Transportation
Ramblers response: The Ramblers is aware the current legislation does not apply to inner London, this is why we are campaigning for councils to adopt definitive maps by committee resolutions, and are considering lobbying government for legislative change.
The creation and maintenance of a definitive map will not cost much money or time, it is actually very possible to do without much funding or resource. All that would be required is for each borough to pass a resolution and to make one single order adding one single footpath to the definitive map. It would be unrealistic to ask for all paths in each borough to be mapped in one go, but the addition of just one path to the map will start the process.
"Unfortunately this Council is facing unprecedentedly difficult financial circumstances and it is not possible to take on additional discretionary responsibilities at the present time. This would include the production, publication and updating of a 'definitive map'.
"However I can assure you that as a highway authority we do take our responsibilities seriously and actively intervene where necessary to ensure the correct procedures are followed."
Head of Transport and Highways
Ramblers response: As stated above, the creation and maintenance of a definitive map would not need much funding or resource, it is perfectly possible to add one path without much effort, and there are many willing volunteers ready to help.
"Part III of the Wildlife and Countryside Act 1981 imposed on local authorities the duty to keep a 'definitive map' but section 58 exempts Inner London Authorities from the requirement. Given the nature of Lewisham as an inner London borough we do not categorise in terms more appropriate to the countryside, public rights of way, by-ways and so forth. But we are obliged by the Highways Act 1980 to keep a highway register, which is accessible on the Council's web site at www.lewisham.gov.uk/TransportAndStreets/RoadsAndPavements/HighwayRegister.htm.
"With regard to public rights of way, we operate in terms of highways, be they public highways, ie. maintained at public expense, or be they (the few) unmaintained. And part of this highway network is the public footpaths, most of which are maintained at public expense. These occur on the Council's mapped record of public highways, which does not exist as 'a map' but is held in digitised form in the Highways office and they are listed in the Council's highway register. Lewisham public footpaths have the same legal status as any other highways in the borough and the same Highways Act and Town & Country Planning Act law in relation to stopping up and diversion applies and the same legal protection.
"The Council has never identified adequate resources to produce and maintain a definitive map and in the current and foreseeable future climate it will not happen."
Customer Contact and Information Manager - Transport Wearside Service Centre
Ramblers reponse: As stated above, the Ramblers is aware the current legislation does not apply to inner London, this is why we are campaigning for councils to adopt definitive maps by committee resolutions, and are considering lobbying government for legislative change.
The creation and maintenance of a definitive map will not cost much money or time, it is actually very possible to do without much funding or resource as the first step is easy and there are many willing volunteers ready to continue the work.
Hackney have expressed a desire to meet with the Ramblers and discuss the campaign with us. Once this meeting has happened, we will update their position.
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