[Talk-GB] Talk-GB Digest, Vol 44, Issue 19

[Mike Harris]

Hi

My understanding of PRoW law is that:

1. The definitive statement (which is prepared by an actual survey on 
the ground - not from a map - although it might subsequently be plotted 
onto a map) takes precedence over the definitive map where there are 
differences between the two. Thus the statement should not involve the OS.
2. The definitive map - properly defined - is the copy kept by the 
Highway Authority (HA). There may be 'definitive map copies' issued in 
hard copy to involved parties (like the charity for which I work) or in 
electronic form (some HAs issue full 'interactive' versions of the 
definitive map on the web). These have no legal standing - although very 
useful - and may not be as up-to-date as "THE" definitive map.
3. Even "the" definitive map may be a bit out of date as HAs often have 
a backlog in creating the "Definitive Map Modification Orders" (DMMOs) 
that enshrine a change in the PRoW network (diversion, creation, 
extinguishment, dedication) - this backlog may be more than a year in 
some areas and will worsen as funds disappear under present financial 
constraints.
4. OS mapping at 1:25k of PRoWs relies (especially outside of urban 
areas and ways on the 'List of Streets') on the OS being notified of any 
changes. This is often done (but rather haphazardly) by the HA - but can 
equally be done by a member of the public. They do not keep PRoWs 
up-to-date pro-actively. Even when notified, the OS may take years to do 
an update. In theory the update should be on the next copy of the 
relevant 1:25k map (and does tend to appear earlier on digital than on 
paper versions) but it can - and often does - take several years. 
Complex and major changes in my area have taken over 10 years of 
constant nagging to get the OS to update!
5. Anomalies on the ground  with OS mapping are common. I log about 100 
per annum in my area. There may also be anomalies on the ground compared 
with the definitive map. These two sets of anomalies may themselves 
differ. Anomalies include:

- minor unofficial diversions made by the landowner (or sometimes the 
general public!) for convenience. This does not change the line of the PRoW.
- major unofficial diversions made by a landowner for his/her 
convenience (sometimes with the legal route being blocked). This does 
not change the line of the PRoW.
- official diversions not yet recorded by the OS (see above). This does 
not change the line of the PRoW.
- genuine legal anomalies such as a path ending at a parish boundary 
(often because the magistrate charged with making the definitive map 
record was also the local landowner and 'forgot' to record the path on 
the original definitive map).
- 'lost ways' that got missed off the original definitive map (and under 
current legislation will be lost for ever if not added by 2025).

It's complicated and I'm not advising anyone what to do or not do (apart 
from forcing the OS to come clean and disavow any copyright interest in 
PRoW data - as others have said, the HAs are usually more than happy to 
release PRoW data as part of their public duty but unfortunately the OS  
have lost all sense of public duty - as opposed to commercial 
self-interest - unless pressured).

mikh43

On 12/05/2010 12:00, talk-gb-request at openstreetmap.org wrote:
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>     4. Re: Definitive Paths Map Source (Andy Robinson (blackadder-lists))
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-- 
*/Mike Harris/*
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