The County Borough Council as Surveying Authority has a duty to keep the Definitive Map and Statement under continuous review (Wildlife and Countryside Act 1981 s53). This includes all evidential events giving rise to the modification of the Definitive Map and Statement (s53(3)(b) and s53(3)(c)). The County Borough Council is often under pressure to investigate certain cases in advance of others. The Statement of Priorities sets out the criteria that will normally be applied by the County Borough Council to individual cases and hence the order in which applications will be dealt with.
Priority will be given to duly made Definitive Map Modification Order applications based primarily on 20 years’ use of a route by the public. Duly made applications by the public based on documentary evidence (such as old maps and documents) will be given priority over discovered evidence applications where the County Borough Council has found such evidence.
Applications based on the above priorities will normally be investigated in the order in which the applications are received, except in any of the following circumstances where a case may be investigated sooner:
1. Where public safety could be substantially improved
Definitive Map cases may be given priority where, for example, the effect of an order if confirmed would significantly enhance public safety.
2. Where Wrexham County Borough Council’s actions could result in a significant positive impact on the network
Definitive Map cases may be given priority where, for example:
- A route forms all or part of a "missing link" in the network;
- A route forms part of a longer route e.g. circular route, long distance route;
- An anomaly in the Definitive Map and Statement would be resolved; and
- A problem exists which cannot be solved through maintenance or enforcement.
3. Where the existence of the route is threatened by development
Definitive Map cases may be given priority where, for example:
- There is an outstanding planning application or planning permission has been granted
- There is the probability of a future application
4. Where investigation of a case would involve substantially the same evidence as a route currently under investigation or about to be investigated
Definitive Map cases may be given priority where, for example, a route involves looking at substantially the same documents as a route already under investigation.
5. Where there is likely to be a change in the level of use
Definitive Map cases may be given priority where, for example:
- A route is not shown in the Definitive Map and Statement, but has an anticipated high level of use if it were to be recorded in the Definitive Map and Statement; and
- A route is shown in the Definitive Map and Statement with lower rights and the anticipated level of use would be greater if higher rights were to be recorded in the Definitive Map and Statement.
Statement of Priorities Public Path Orders
Wrexham County Borough Council as Surveying Authority has powers to make orders to divert or extinguish rights of way under the Highways Act 1980 and the Town and Country Planning Act 1990. Cases will include applications made by any member of the public, including owners or occupiers, and where WCBC decides that an order may be required.
The Council is under no obligation to make an Order. Further, if the Council decides to make an order it is under no duty to refer it to the Welsh Ministers, should objections be received.
Applications will normally be investigated in the order in which they are received, except in any of the following circumstances where a case may be investigated sooner:
- Where a route requires a public path order following the grant of planning permission
- Where a public path order would save the significant costs incurred in other Rights of Way functions
- Where an application has been made for a schools spec