Deddington - Confirmation of Deddington Footpath No. 24 Modification Order 2022, Ref 03477

To inform interested parties that the Modification Order to add a footpath in Hempton, Deddington parish has now been confirmed and will come into effect.

If you would like further details please contact the Case Officer, Alex Humphreys, on 01865 328948 or email alex.humphreys@oxfordshire.gov.uk.

Progress on cases can be viewed on the public rights of way web pages or by using the following link www.oxfordshire.gov.uk/modificationsanddiversions

Background

The Definitive Map is a document that the council is required to hold and keep up to date. It is the legal record of the existence of all public rights of way in the county and the council has a further duty to keep it up to date by modifying it, should it be made aware of previously unrecorded rights.

In this case, evidence was provided seeking to indicate that this route has acquired public rights by virtue of long-term use by the public. The council assessed the evidence that was provided by the applicant, along with all other evidence we were able to obtain through our own archives, and determined what rights existed (on the balance of probabilities). The Council then made an Order to record those rights on the Definitive Map.

This method of assessing applications and evidence of this type is a standard one, used by highway authorities across the country and follows both legislation and Government guidance. The law is such that, any rights established in the past, still exist today unless any legal event has taken place to stop up those rights and regardless of whether they may have fallen into disuse or become obstructed in the meantime.

This is a matter of whether or not public rights subsist, and the law dictates that the council can have no regard to whether these rights are wanted, needed or have any other potential impacts. The council does not have a choice in that regard and has absolutely no discretion to take other matters into consideration.

What happens next

No objections were are received, and so the council confirmed the order as unopposed, and the route will be recorded on the Definitive Map.

For further information

Progress on cases can be viewed on the public rights of way web pages or by using the following link www.oxfordshire.gov.uk/modificationsanddiversions

If you would like further details please contact the Case Officer, Alex Humphreys, on 01865 328948 or email alex.humphreys@oxfordshire.gov.uk.