Fourth Stage - Decision
The decision is based purely on a consideration of the documentary and user evidence available.
Delegated Power
The decision of whether or not to proceed with a Definitive Map Modification Order rests with the Assistant Director of the Environment Department.
They have the delegated power to determine Public Rights of Way applications and will consider the case officer’s report, which pulls together the background, evidence and all the consultation responses, and makes a recommendation.
Final decision
The Assistant Director’s final decision will be based on whether the evidence supports the existence of Public Right of Way over the claimed route or not. They may not take into account matters of safety, suitability or desirability.
The Assistant Director considers Public Rights of Way matters once a month, except during the summer break (July and August). The meetings with the Assistant Director are closed (i.e. not open to the public). However, once considered, the public may view the report.
Appeal
There is a right of appeal against the Assistant Director’s decision for Definitive Map Modification Orders.