Witney - Notice of Modification Order to correct anomaly on Footpath No. 32 Ref: 03807

Introduction

Public footpaths, bridleways, restricted byways and byways, open to all traffic are recorded on Definitive Maps and Statements. These maps and statements provide conclusive legal evidence of the existence of public rights. Oxfordshire County Council is responsible for the Definitive Map and Statement for Oxfordshire and has a duty to amend them when evidence suggests that they are inaccurate or incomplete. Such amendments are made by Modification Orders made under section 53 of the Wildlife and Countryside Act 1981. These Orders do not come into effect until confirmed. If there are no objections to the order, or if any made are withdrawn, the council may confirm the Order, and the Definitive Map and Statement will then be modified.

The Witney Footpath No. 32 (part) Modification Order 2024

The council has made a Modification Order under section 53 of the Act to add a public footpath to the definitive map and statement from the existing western end of Footpath No. 32 at OS grid reference SP 3555 0963 (point A on the Order plan) running westwards for approximately 20 metres to Marlborough Lane at SP 3553 0963 (point B).

Oxfordshire County Council has made this Order because there is a gap between the legally recorded extent of Footpath No. 32 and the public road at Marlborough Lane that has not been recorded on the Definitive Map in error. There is sufficient evidence to suggest that a public right of way on foot subsists or is reasonably alleged to subsist and therefore this ‘missing link’ is to be shown on the map and statement. The evidence on which the decision is based is set out in the determination report which is available on request from countrysideaccesslegal@oxfordshire.gov.uk

Objecting to the order

Objections or representations relating to the Order must be made in writing to the Team Leader, Countryside Access - Legal Record & Research, Oxfordshire County Council, County Hall, Oxford OX1 1ND, or countrysideaccesslegal@oxfordshire.gov.uk no later than 10 January 2025, and must include particulars of the grounds relied on.

To be relevant, objections or representations should relate only to evidence indicating that the rights to be recorded by the order do or do not exist. 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. Ultimately an objection based on anything other than evidence indicating that such rights for the public do not exist, would be disregarded, see what an Inspector considers in reaching a decision.

If there are any objections which are not withdrawn, the council must refer the Order and objections to the Department for Environment, Food and Rural Affairs who will appoint an independent Inspector to consider the Order and hear the objections, either at public inquiry(External link), a hearing(External link), or by written exchange of evidence. This would involve the production of Statements of Case by both the council and any objectors and be the subject of scrutiny and cross examination, potentially at public inquiry.

The Council will be willing to discuss the concerns of those objecting or making representations relating to the order. Please contact the contact the Case Officer - contact details are on the right hand side. The right of objection to an order is a statutory right, but it should be exercised in a reasonable manner. The council’s costs involved in dealing with objections to orders are normally awarded against objectors only in cases of unreasonable behaviour.

GDPR (General Data Protection Regulations) and Data Protection Act

The County Council will consider all correspondence, objections and representations received in response to this order. They may be disseminated widely for these purposes and made available to the public. Privacy Notice Public Rights of Way, Commons and Town & Village Greens