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Public paths

Request for information – FOI13349

Thank you for your e-mail of 12 January 2013, and clarification e-mail of the 14 January 2013, requesting information from Ordnance Survey under the Freedom of Information Act (FOIA) 2000.

Ordnance Survey sought clarification from you on the 15 January 2013, and following your response, we provide this response within the revised deadline of 12 February 2013.

We acknowledge you request, and clarification, to be:

I recall there being a public right of way path and signs at xxxxxx Road going past the xxxxxx. This property is now up for sale and I notice they have fenced off the walkway through and the public right of way completely removed. Can you confirm that there is a path there: xxxxxx, Essex.

The property is 1a bought on xxxxxx. It meets xxxxxx on a small roundabout.

Ordnance Survey does hold some of the information you have requested and responds as follows:

Under Section 16 of the FOIA – the duty to provide advice and assistance, we advise that although Ordnance Survey does show rights of way on our mapping, it is important to note that this information is supplied to Ordnance Survey by the local authority.

The local authority holds a ‘definitive map’ of the rights of way and the authority is responsible for rights of way. Ordnance Survey only reflects the Council Definitive Map in the rights of way network show on its mapping.

We have checked a recent working copy of the Essex County Council Definitive Map, the legal document for the status and alignment of rights of way, and there does not appear to be any legal right of way in the location you refer. We have checked all of the rights of way in the xxxxxx area, and what we currently depict on our OS Explorer Maps and OS Landranger Maps is correct.

If you remain concerned about the assumed right of way being blocked, you should contact Essex County Council, and their Definitive Map Officer to establish if the right of way existed and to report that it is currently blocked. If as a result of your enquiry the Council amends the Definitive Map, they will in turn contact Ordnance Survey, and we will amend our mapping accordingly.

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 Internal Review Officer, by contacting them as follows:

FOI Internal Review 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 Internal Review Officer will not have been involved in the original decision. They will conduct an independent 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 Internal Review Officer will either: uphold the original decision, provide an 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.

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