[Talk-GB] Rights of way - LAs and OS

Robert Whittaker (OSM lists) robert.whittaker+osm at gmail.com
Sun Feb 10 18:53:53 GMT 2013


On 6 February 2013 21:43, Rob Nickerson <rob.j.nickerson at gmail.com> wrote:
> In regards to public rights of way and the relationship between Local
> Authorities and Ordnance Survey, see my recent blog post:
>
> http://opendatauser.posterous.com/loacal-authorities-in-bed-with-the-ordnance-s
>
> I would be interested if anyone with knowledge of the legal system has an
> answer to the question posed in the "A ray of hope?" section. If not, I
> might just have to get in touch with Defra.

I've done a bit of digging online. It seems that there are two ways
the Definitive Map and Statement can get changed:

1/ Via a confirmed "Definitive Map Modification Order", which is
designed to correct the map, and cannot introduce new rights of way
that don't already exist or extinguish existing rights of way that do.
These orders are solely about correcting errors and omissions in the
map.

2/ Via a "Public Path Order" which may create, divert or extinguish a
Right of Way. Once such an order has been confirmed a separate "Legal
Event Modification Order" [1] is then required to allow the Definitive
Map to be updated.

The legal basis for the list of "Prescribed Organisations" in the
document linked from the blog post appears to come from three
Statutory Instruments (a type of specific secondary legislation, which
some Acts give Ministers the power to issue to set out the finer
detail of specific things):

1/ The Town and Country Planning (Public Path Orders) Regulations 1993
http://www.legislation.gov.uk/uksi/1993/10/contents/made

2/ The Public Path Orders Regulations 1993
http://www.legislation.gov.uk/uksi/1993/11/contents/made

3/ The Wildlife and Countryside (Definitive Maps and Statements)
Regulations 1993
http://www.legislation.gov.uk/uksi/1993/12/contents/made

Each of these Regulations has a Schedule (essentially an appendix)
that sets out a list of bodies that need to be served with notice of
any Public Path or Modification Orders. In order to get OSM (or maybe
a UK lcoal chapter / PRoW special interest group) added to that list,
I think we would need to convince the Environment Secretary to
re-issue an updated version of the Regulations.

However, those lists seem to be more about specifying bodies that need
to be consulted about proposed changes to the PRoW network so they
have the ability to comment on / object to them, rather than being a
list of bodies that need to be sent the final versions of confirmed
orders to be able to use the information to update their records. It's
the latter use that I presume OSM mappers would be more interested in.
Ideally, what we might want to do is have the clause in each of the
three regulations that reads something like

"After a public path order has been confirmed the authority shall send
a copy of it as confirmed to the Ordnance Survey."

altered so that "OpenStreetMap" (or some UK / PRoW sub-group /
chapter) is listed alongside "Ordnance Survey". Or, maybe better
still, we could suggest that the regulations be changed to require LAs
to publish all confirmed orders online under the Open Government
Licence. Then (a) it's a level playing field for anyone who wants to
use the information, and (b) the use of the OGL means that the
copyright situation is clear.

Hope that helps,

Robert.

[1] http://www.iprow.co.uk/gpg/index.php/Legal_Event_Orders

-- 
Robert Whittaker



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