Ceredigion coastal path

Dear Requester

Request for Information: FOI12325

Thank you for your e-mail of 17th September 2012. 

Ordnance Survey does hold some of the information you have requested, and we respond to each of your questions in turn:

1. You told me earlier that Ceredigion County Council gave you the information regarding the Ceredigion Coast Path route across xxxxxx  in March 2008.  Is that statement correct?

Yes, Ceredigion County Council provided information showing the alignment of the Ceredigion Coast Path, in March 2008.

2. By what authority did the County Council have the right to inform Ordnance Survey, in March 2008, that the Ceredigion Coastal Path was in existence over xxxxxx land?

This information is not held by Ordnance Survey.  This is because the authority to inform Ordnance Survey was made under a Statutory Instrument by The Secretary of State for the Environment (now the Secretary of State for Environment, Food and Rural Affairs).

However, under our duty to provide advice and assistance in accordance with Section 16 of the FOIA, we can advise that the Public Path Orders Regulations 1993 (Statutory Instrument 1993 No. 11) requires Local Authorities to send to Ordnance Survey a copy of any confirmed Public Rights of Way Orders that alter the rights of way shown on the Local Authoritys’ Definitive Map.

You can search further information relating to this online at: http://www.legislation.gov.uk

3. What proof do you need that the public footpath did not exist on the ground in March 2008.
This information is not held. Ordnance Survey does not require any proof of existence of a footpath. This is because it is the responsibility of the local County Council to maintain a definitive public rights of way (PRoW) map.

Public Rights of Way (PROW) and therefore, public footpaths are not a physical features. They are invisible legal alignments which denote a route which the public have a legally protected right to pass. Often there is little or no evidence on the ground to show the existence of a PROW, but that alone is not evidence that a footpath does/does not exist.

4. Will you please supply the evidence, now, that Ceredigion County Council supplied you with the route of the footpath in March 2008.

We attach to this response, a file (xxxxxx – CUSTOMER INFORMATION – FOI12325) which is the information Ceredigion County Council supplied in March 2008.

Ordnance Survey no longer holds the original e-mail which accompanied this, as there is no business requirement to keep such e-mails.

Public Interest
As all the information you have requested has been provided or is not held by Ordnance Survey, there is no public interest test to consider in this instance.

Internal Review
Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Appeals Officer, by contacting them as follows:

FOI Appeals Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

E-mail: foi@ordnancesurvey.co.uk

Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:

Failed to respond to your request within the time limits (normally 20 working days)
Failed to tell you whether or not we hold the information
Failed to provide the information you have requested
Failed to explain the reasons for refusing a request
Failed to correctly apply an exemption or exception

The FOI Appeals Officer will not have been involved in the original decision. They will conduct an internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance. 

The FOI Appeals Officer will either: uphold the original decision, provide additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water Lane 
Wilmslow
Cheshire 
SK9 5AF

E-mail: mail@ico.gsi.gov.uk 

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.

Thank you for your enquiry, a hard copy of this response has also been sent, as requested, to the postal address supplied.