Definitive Map Modification Order Application.  Section 53 Wildlife and Countryside Act 1981 Farnley Tyas.

Kirklees are currently investigating an application to add this well used path to the Definitive Map. See email below and contact details etc.

“In 2019, Kirklees Council received an application for a definitive map modification order to add a public footpath to the definitive map and statement between Kirkburton 55 at Upper High Fields to Woodsome Road at Farnley Tyas Bowling Club, Farnley Tyas.  Please find attached a plan of the application route shown by the letters A-B-C.

The Council has a legal duty to investigate the application and decide whether or not the definitive map and statement needs to be modified.  The definitive map and statement is the legal record of public rights of way.  If through our investigation we discover evidence that there is a public right of way that is not currently recorded, then an Order to modify the definitive map and statement would be made under the provisions of section 53 of the Wildlife and Countryside Act 1981.

As part of our investigation, we are now carrying out a 28 day informal consultation and we welcome your comments. The formal application was made on the 3 April 2019, so we are particularly interested in the history of the application route prior to that date.  

In particular, we would like to know about the following:

  • Your use of the path – for example, over what period of time did you use the path?  How often?  For what purposes did you use thepath?  Where were you going to?
  • If you used the path all year round
  • Use of the path by other people
  • The presence of gates, stiles, fences or other barriers or obstructions
  • Any signs or notices on the path, and what they said
  • If you were ever challenged when using the path, or challenged anyone else
  • If you have been given permission, or have given others permission to use the path
  • Anything else you feel may be relevant in establishing the status of the path
  • A map or plan showing the route to which you are referring

If you have any further evidence about this route, we would be grateful if you could submit it to the Public Rights of Way Team at the address above, or by email to publicrightsofway@kirklees.gov.uk and by 29 November 2021.  If we have not heard from you by that date, we will assume that you have no further comments or evidence to add at this stage. 

Please note that this communication forms part of the investigation and that no decision on the application has yet been made by the Council.  Any comments you make or evidence you provide may eventually become public and may be used in evidence at a public inquiry.”

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