• Definitive maps

    From Kempshott@21:1/5 to All on Thu Jul 31 13:36:35 2025
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many
    Modification Orders passed since then.

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  • From Roland Perry@21:1/5 to All on Thu Jul 31 18:34:36 2025
    In message <mf16apFbhdhU1@mid.individual.net>, at 13:36:35 on Thu, 31
    Jul 2025, Kempshott <kempshott@invalid.uk> remarked:
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many >Modification Orders passed since then.

    I bet there's a lot of pre-2021 changes not on it either. I've had cause
    to look at these maps in the past, and they are often woefully out of
    date.
    --
    Roland Perry

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  • From Martin Brown@21:1/5 to Roland Perry on Fri Aug 1 13:39:59 2025
    On 31/07/2025 18:34, Roland Perry wrote:
    In message <mf16apFbhdhU1@mid.individual.net>, at 13:36:35 on Thu, 31
    Jul 2025, Kempshott <kempshott@invalid.uk> remarked:
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many
    Modification Orders passed since then.

    I bet there's a lot of pre-2021 changes not on it either. I've had cause
    to look at these maps in the past, and they are often woefully out of date.

    It is pot luck what is and what is not included on the definitive maps.

    I suspect form the name that they are supposed to be maintained but if
    you know an area well it isn't hard to find recent changes that are
    missing. Updating them doesn't seem to be a high priority.

    It has got worse since unification in Yorkshire.

    --
    Martin Brown

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  • From Roger Hayter@21:1/5 to All on Fri Aug 1 14:54:27 2025
    On 1 Aug 2025 at 15:27:26 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu>
    wrote:

    On 2025-08-01, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
    On 31/07/2025 18:34, Roland Perry wrote:
    In message <mf16apFbhdhU1@mid.individual.net>, at 13:36:35 on Thu, 31
    Jul 2025, Kempshott <kempshott@invalid.uk> remarked:
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many
    Modification Orders passed since then.

    I bet there's a lot of pre-2021 changes not on it either. I've had cause >>> to look at these maps in the past, and they are often woefully out of date. >>
    It is pot luck what is and what is not included on the definitive maps.

    I suspect form the name that they are supposed to be maintained but if
    you know an area well it isn't hard to find recent changes that are
    missing. Updating them doesn't seem to be a high priority.

    There's either two possibilities, and I think the answer could be either depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.
    If it shows a right of way exists, then it does, and if it doesn't,
    it doesn't. If they haven't updated it to show rights of way that
    the council intended to create, then they haven't created them.

    I agree that this is the apparent legal situation. But it may be that a third possibility exists: that the 'definitive map' actually exists in a state which entails an old map and a set of approved amendments to it which together constitutes the 'definitive map'. It is not impossible that a court would accept this as the least worst interpretation.


    --

    Roger Hayter

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  • From Jon Ribbens@21:1/5 to Martin Brown on Fri Aug 1 14:27:26 2025
    On 2025-08-01, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
    On 31/07/2025 18:34, Roland Perry wrote:
    In message <mf16apFbhdhU1@mid.individual.net>, at 13:36:35 on Thu, 31
    Jul 2025, Kempshott <kempshott@invalid.uk> remarked:
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many
    Modification Orders passed since then.

    I bet there's a lot of pre-2021 changes not on it either. I've had cause
    to look at these maps in the past, and they are often woefully out of date.

    It is pot luck what is and what is not included on the definitive maps.

    I suspect form the name that they are supposed to be maintained but if
    you know an area well it isn't hard to find recent changes that are
    missing. Updating them doesn't seem to be a high priority.

    There's either two possibilities, and I think the answer could be either depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.
    If it shows a right of way exists, then it does, and if it doesn't,
    it doesn't. If they haven't updated it to show rights of way that
    the council intended to create, then they haven't created them.

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  • From Roland Perry@21:1/5 to All on Fri Aug 1 18:15:10 2025
    In message <slrn108pjme.4gj.jon+usenet@raven.unequivocal.eu>, at
    14:27:26 on Fri, 1 Aug 2025, Jon Ribbens <jon+usenet@unequivocal.eu>
    remarked:
    There's either two possibilities, and I think the answer could be either >depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.

    The Cambridgeshire one's web page is titled "Definitive Map".

    If it shows a right of way exists, then it does, and if it doesn't,
    it doesn't. If they haven't updated it to show rights of way that
    the council intended to create, then they haven't created them.

    Are you suggesting it's like TROs without matching road signage, not in
    force until both parts have been fully executed?
    --
    Roland Perry

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  • From Roger Hayter@21:1/5 to Roland Perry on Fri Aug 1 17:37:23 2025
    On 1 Aug 2025 at 18:15:10 BST, "Roland Perry" <roland@perry.uk> wrote:

    In message <slrn108pjme.4gj.jon+usenet@raven.unequivocal.eu>, at
    14:27:26 on Fri, 1 Aug 2025, Jon Ribbens <jon+usenet@unequivocal.eu> remarked:
    There's either two possibilities, and I think the answer could be either
    depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.

    The Cambridgeshire one's web page is titled "Definitive Map".

    If it shows a right of way exists, then it does, and if it doesn't,
    it doesn't. If they haven't updated it to show rights of way that
    the council intended to create, then they haven't created them.

    Are you suggesting it's like TROs without matching road signage, not in
    force until both parts have been fully executed?

    Unlike a TRO, which establishes a criminal offence and therefore errors should be interpreted in favour of the defendant, a definitive map dispute is likely to be between two civil litigants, and it is not intrinsically obvious which should suffer detriment because of deficiences in the LA's administration.


    --

    Roger Hayter

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  • From Kempshott@21:1/5 to Roger Hayter on Fri Aug 1 17:56:25 2025
    On 01/08/2025 15:54, Roger Hayter wrote:
    On 1 Aug 2025 at 15:27:26 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2025-08-01, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
    On 31/07/2025 18:34, Roland Perry wrote:
    In message <mf16apFbhdhU1@mid.individual.net>, at 13:36:35 on Thu, 31
    Jul 2025, Kempshott <kempshott@invalid.uk> remarked:
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many
    Modification Orders passed since then.

    I bet there's a lot of pre-2021 changes not on it either. I've had cause >>>> to look at these maps in the past, and they are often woefully out of date.

    It is pot luck what is and what is not included on the definitive maps.

    I suspect form the name that they are supposed to be maintained but if
    you know an area well it isn't hard to find recent changes that are
    missing. Updating them doesn't seem to be a high priority.

    There's either two possibilities, and I think the answer could be either
    depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.
    If it shows a right of way exists, then it does, and if it doesn't,
    it doesn't. If they haven't updated it to show rights of way that
    the council intended to create, then they haven't created them.

    I agree that this is the apparent legal situation. But it may be that a third possibility exists: that the 'definitive map' actually exists in a state which
    entails an old map and a set of approved amendments to it which together constitutes the 'definitive map'. It is not impossible that a court would accept this as the least worst interpretation.


    The council website says "The publication of a new Definitive Map has
    been a priority for the Council, and this was achieved when the first
    digital version of the Map was published on the 12 March 2021".

    That's followed by a link to maps.arcgis.com and the map is titled
    "Definitive Map of Public Rights of Way" so it seems to be "the"
    definitive map, just rather out-of-date.

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  • From Jon Ribbens@21:1/5 to Kempshott on Fri Aug 1 19:12:40 2025
    On 2025-08-01, Kempshott <kempshott@invalid.uk> wrote:
    On 01/08/2025 15:54, Roger Hayter wrote:
    On 1 Aug 2025 at 15:27:26 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu>
    wrote:

    On 2025-08-01, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
    On 31/07/2025 18:34, Roland Perry wrote:
    In message <mf16apFbhdhU1@mid.individual.net>, at 13:36:35 on Thu, 31 >>>>> Jul 2025, Kempshott <kempshott@invalid.uk> remarked:
    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    Ours still says "last update March 2021" and there have been many
    Modification Orders passed since then.

    I bet there's a lot of pre-2021 changes not on it either. I've had cause >>>>> to look at these maps in the past, and they are often woefully out of date.

    It is pot luck what is and what is not included on the definitive maps. >>>>
    I suspect form the name that they are supposed to be maintained but if >>>> you know an area well it isn't hard to find recent changes that are
    missing. Updating them doesn't seem to be a high priority.

    There's either two possibilities, and I think the answer could be either >>> depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.
    If it shows a right of way exists, then it does, and if it doesn't,
    it doesn't. If they haven't updated it to show rights of way that
    the council intended to create, then they haven't created them.

    I agree that this is the apparent legal situation. But it may be that
    a third possibility exists: that the 'definitive map' actually exists
    in a state which entails an old map and a set of approved amendments
    to it which together constitutes the 'definitive map'. It is not
    impossible that a court would accept this as the least worst
    interpretation.

    The council website says "The publication of a new Definitive Map has
    been a priority for the Council, and this was achieved when the first
    digital version of the Map was published on the 12 March 2021".

    That's followed by a link to maps.arcgis.com and the map is titled "Definitive Map of Public Rights of Way" so it seems to be "the"
    definitive map, just rather out-of-date.

    That would seem to be rather unfortunate and to leave the legal
    situation with regards to rights of way in a somewhat ambiguous
    situation. The whole point of the definitive map is to have one
    source of truth that anyone can easily inspect. If it's not
    actually true then that kind've negates the whole concept.

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  • From Mark Goodge@21:1/5 to Roger Hayter on Fri Aug 1 21:29:29 2025
    On 1 Aug 2025 14:54:27 GMT, Roger Hayter <roger@hayter.org> wrote:

    I agree that this is the apparent legal situation. But it may be that a third >possibility exists: that the 'definitive map' actually exists in a state which >entails an old map and a set of approved amendments to it which together >constitutes the 'definitive map'.

    This is precisely correct, yes.

    The "definitive map", as published, is a snapshot in time. It is (or should
    be) a perfect representation of the situation on the ground at the time it
    is published. However, there is no obligation to re-publish it every time
    there is a modification. Provided the modifications are stored with the most recent publication of the map, the map is still definitive even though it
    will become increasingly out of date. That is, the legal situation comprises the map and all associated MMOs, not the map alone.

    This situation dates back, of course, to the time when the definitive map
    was on paper, rather than digital (and even older, when the definitive map
    was hand-drawn lines on paper). These days, it would be possible to insist
    that a digital version of the map is updated appropriately every time there
    is an MMO. But no such legal obligation yet exists, and councils have enough other competing demands for resources without adding one that they are not obliged to.

    Mark

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  • From Mark Goodge@21:1/5 to Kempshott on Fri Aug 1 21:17:53 2025
    On Thu, 31 Jul 2025 13:36:35 +0100, Kempshott <kempshott@invalid.uk> wrote:

    Does a Local Authority have a statutory duty to keep its online
    definitive map up to date?

    The online map is not the definitive map, it is merely a public
    representation of the definitive map.

    Ours still says "last update March 2021" and there have been many >Modification Orders passed since then.

    The actual definitive map, held at the council office, will have been
    updated. You have a right to look at it. There is no explicit obligation to update the online copy, although it is considered good practice to do so at least annually.

    Mark

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  • From Mark Goodge@21:1/5 to Roland Perry on Fri Aug 1 21:38:50 2025
    On Fri, 1 Aug 2025 18:15:10 +0100, Roland Perry <roland@perry.uk> wrote:

    In message <slrn108pjme.4gj.jon+usenet@raven.unequivocal.eu>, at
    14:27:26 on Fri, 1 Aug 2025, Jon Ribbens <jon+usenet@unequivocal.eu> >remarked:
    There's either two possibilities, and I think the answer could be either >>depending on which local authority it is.

    Either it isn't "the Definitive Map" at all, it's just an online map,
    in which case I would expect there's no statutory duty to update it.
    It might claim to reflect information from the Definitive Map, but
    that doesn't make it definitive itself.

    Or, it is "the Definitive Map", in which case it is, er, definitive.

    The Cambridgeshire one's web page is titled "Definitive Map".

    And it says, inter alia, that

    Public rights of way and permissive paths can be viewed on our interactive
    map below for general reference. The interactive map is not the legal
    record.

    The Definitive Map and Statement cannot be viewed online. These are public
    documents and can be viewed by appointment only.

    Mark

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  • From Roger Hayter@21:1/5 to usenet@listmail.good-stuff.co.uk on Fri Aug 1 20:48:43 2025
    On 1 Aug 2025 at 21:29:29 BST, "Mark Goodge"
    <usenet@listmail.good-stuff.co.uk> wrote:

    On 1 Aug 2025 14:54:27 GMT, Roger Hayter <roger@hayter.org> wrote:

    I agree that this is the apparent legal situation. But it may be that a third
    possibility exists: that the 'definitive map' actually exists in a state which
    entails an old map and a set of approved amendments to it which together
    constitutes the 'definitive map'.

    This is precisely correct, yes.

    The "definitive map", as published, is a snapshot in time. It is (or should be) a perfect representation of the situation on the ground at the time it
    is published. However, there is no obligation to re-publish it every time there is a modification. Provided the modifications are stored with the most recent publication of the map, the map is still definitive even though it will become increasingly out of date. That is, the legal situation comprises the map and all associated MMOs, not the map alone.

    This situation dates back, of course, to the time when the definitive map
    was on paper, rather than digital (and even older, when the definitive map was hand-drawn lines on paper). These days, it would be possible to insist that a digital version of the map is updated appropriately every time there is an MMO. But no such legal obligation yet exists, and councils have enough other competing demands for resources without adding one that they are not obliged to.

    Mark

    If amendments had to be published as digital maps according to a defined
    format then it would be a simple matter of programming to immediately incorporate them in the current digital definitive map. Possibly.

    --

    Roger Hayter

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  • From Mark Goodge@21:1/5 to Roger Hayter on Fri Aug 1 22:11:10 2025
    On 1 Aug 2025 20:48:43 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 1 Aug 2025 at 21:29:29 BST, "Mark Goodge" ><usenet@listmail.good-stuff.co.uk> wrote:

    The "definitive map", as published, is a snapshot in time. It is (or should >> be) a perfect representation of the situation on the ground at the time it >> is published. However, there is no obligation to re-publish it every time
    there is a modification. Provided the modifications are stored with the most >> recent publication of the map, the map is still definitive even though it
    will become increasingly out of date. That is, the legal situation comprises >> the map and all associated MMOs, not the map alone.

    This situation dates back, of course, to the time when the definitive map
    was on paper, rather than digital (and even older, when the definitive map >> was hand-drawn lines on paper). These days, it would be possible to insist >> that a digital version of the map is updated appropriately every time there >> is an MMO. But no such legal obligation yet exists, and councils have enough >> other competing demands for resources without adding one that they are not >> obliged to.

    If amendments had to be published as digital maps according to a defined >format then it would be a simple matter of programming to immediately >incorporate them in the current digital definitive map. Possibly.

    Yes, but the legislation currently requires the definitive map to be
    viewable in person, offline. The current legislation predates the Internet.
    So it would need a change of legislation to make a digital version
    definitive in itself, rather than merely a copy of the definitive map.

    Mark

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  • From Roger Hayter@21:1/5 to usenet@listmail.good-stuff.co.uk on Fri Aug 1 21:56:04 2025
    On 1 Aug 2025 at 22:11:10 BST, "Mark Goodge"
    <usenet@listmail.good-stuff.co.uk> wrote:

    On 1 Aug 2025 20:48:43 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 1 Aug 2025 at 21:29:29 BST, "Mark Goodge"
    <usenet@listmail.good-stuff.co.uk> wrote:

    The "definitive map", as published, is a snapshot in time. It is (or should >>> be) a perfect representation of the situation on the ground at the time it >>> is published. However, there is no obligation to re-publish it every time >>> there is a modification. Provided the modifications are stored with the most
    recent publication of the map, the map is still definitive even though it >>> will become increasingly out of date. That is, the legal situation comprises
    the map and all associated MMOs, not the map alone.

    This situation dates back, of course, to the time when the definitive map >>> was on paper, rather than digital (and even older, when the definitive map >>> was hand-drawn lines on paper). These days, it would be possible to insist >>> that a digital version of the map is updated appropriately every time there >>> is an MMO. But no such legal obligation yet exists, and councils have enough
    other competing demands for resources without adding one that they are not >>> obliged to.

    If amendments had to be published as digital maps according to a defined
    format then it would be a simple matter of programming to immediately
    incorporate them in the current digital definitive map. Possibly.

    Yes, but the legislation currently requires the definitive map to be
    viewable in person, offline. The current legislation predates the Internet. So it would need a change of legislation to make a digital version
    definitive in itself, rather than merely a copy of the definitive map.

    Mark

    But no legislation at all to make the copy better.

    --

    Roger Hayter

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  • From Sam Plusnet@21:1/5 to Mark Goodge on Sat Aug 2 21:13:48 2025
    On 01/08/2025 22:11, Mark Goodge wrote:
    On 1 Aug 2025 20:48:43 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 1 Aug 2025 at 21:29:29 BST, "Mark Goodge"
    <usenet@listmail.good-stuff.co.uk> wrote:

    The "definitive map", as published, is a snapshot in time. It is (or should >>> be) a perfect representation of the situation on the ground at the time it >>> is published. However, there is no obligation to re-publish it every time >>> there is a modification. Provided the modifications are stored with the most
    recent publication of the map, the map is still definitive even though it >>> will become increasingly out of date. That is, the legal situation comprises
    the map and all associated MMOs, not the map alone.

    This situation dates back, of course, to the time when the definitive map >>> was on paper, rather than digital (and even older, when the definitive map >>> was hand-drawn lines on paper). These days, it would be possible to insist >>> that a digital version of the map is updated appropriately every time there >>> is an MMO. But no such legal obligation yet exists, and councils have enough
    other competing demands for resources without adding one that they are not >>> obliged to.

    If amendments had to be published as digital maps according to a defined
    format then it would be a simple matter of programming to immediately
    incorporate them in the current digital definitive map. Possibly.

    Yes, but the legislation currently requires the definitive map to be
    viewable in person, offline. The current legislation predates the Internet. So it would need a change of legislation to make a digital version
    definitive in itself, rather than merely a copy of the definitive map.

    Would the legislation be satisfied if someone who wished to view the map
    in person, was given access to the digital map on a computer in the
    local authority offices?

    I'm reminded of the elderly couple who turned up at Broadcasting house
    in order to "visit the BBC web site" - as they had so often been
    exhorted to do.

    --
    Sam Plusnet

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  • From Mark Goodge@21:1/5 to Sam Plusnet on Sun Aug 3 13:27:06 2025
    On Sat, 2 Aug 2025 21:13:48 +0100, Sam Plusnet <not@home.com> wrote:

    On 01/08/2025 22:11, Mark Goodge wrote:

    Yes, but the legislation currently requires the definitive map to be
    viewable in person, offline. The current legislation predates the Internet. >> So it would need a change of legislation to make a digital version
    definitive in itself, rather than merely a copy of the definitive map.

    Would the legislation be satisfied if someone who wished to view the map
    in person, was given access to the digital map on a computer in the
    local authority offices?

    Possibly, but I'm not sure any local authority wants to be the test case.

    I'm reminded of the elderly couple who turned up at Broadcasting house
    in order to "visit the BBC web site" - as they had so often been
    exhorted to do.

    I'm sure there were some spare electrons they could have been shown.

    Mark

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