Written question asked by Gordon Banks (Labour) on Friday, 3 October 2008, in the House of Commons. It was due for an answer on Tuesday, 7 October 2008. It was answered by Huw Irranca-Davies (Labour) on Monday, 13 October 2008 on behalf of the Department for Environment, Food and Rural Affairs.

National Rights of Way Casework Team

Question: To ask the Secretary of State for Environment, Food and Rural Affairs what guidance he has given to (a) the National Rights of Way Casework Team and (b) surveying authorities on how to determine whether modifications to the definitive map of rights of way have been made as soon as reasonably practicable.

Answer: Section 53(2)(a) of the Wildlife and Countryside Act 1981 requires modifications to the definitive map and statement, the legal record of all rights of way to be made, "as soon as reasonably practicable". Defra has issued no guidance as to what timeframe "as soon as reasonably practicable" constitutes, as every case will be judged by individual circumstances. If a person believes that a highway authority is not fulfilling its duties under section 53(2), he can challenge its actions through the local government ombudsman, who has the power to investigate complaints of maladministration.

Secondary information