Definitive Map Orders

2 The procedure for written representations

2.1 By 'written representations' we mean that the Secretary of State or our inspector makes a decision based on the statements sent in by the authority making the order and objectors. There is no inquiry, but our inspector will visit the site before making a decision or writing a report.

2.2 By 'objectors' we mean anyone who has made an objection to the authority before the deadline set out in the notice advertising the order. All objectors have a right to be heard by the inspector if they want.

2.3 If necessary we will write to all objectors and the authority to tell them that the Secretary of State considers the order is suitable for the written representations procedure. For the objectors we will also enclose a copy of the authority's statement of the reasons the order should be confirmed, together with the authority's comments on the objections.

2.4 The written representations procedure is most suitable for orders which have attracted only a few objections, with none from a community council. We must be sure that there is not too much evidence to assess or evidence which is too complicated. Otherwise an inquiry or a hearing will be necessary. If any objector or the authority wants to be heard, we will hold a local public inquiry or a hearing following the procedure set out in parts 3 and 4 of this booklet.

2.5 Once everyone has agreed to follow the written representations procedure, we allow two weeks for objectors to comment on the authority's statement and comments (mentioned in section 2.3 above). We will send any comments we receive to the authority, who will have 14 days to reply. This exchange of comments will continue until the authority and objectors have no more comments to make. It is important to remember that repeating arguments or dragging out the process will not benefit anyone and will delay the decision on the order. So everyone should make sure that they give a full statement of their case in their written representation.

2.6 Once all comments have been exchanged our inspector visits the site.

2.7 If any of the objectors wants to go with the inspector, they must ask us in writing as soon as possible. We will then negotiate a date when the objector, the authority and our inspector can be there. (The authority must be there.) We will also invite any other objectors to come along if they want to.

2.8 The purpose of the site visit is for the inspector to see the order path and surrounding area and to take note of physical features such as stiles, gates, fences, walls, hedges and trees. During the site visit, the inspector cannot discuss the arguments put forward by the authority or objectors. But both sides may point out physical features they have mentioned in their statements.

2.9  Following the site visit, the inspector studies the order and all comments made and then applies the relevant criteria to reach a decision.

Late representations

2.10 If.anyone sends in evidence after the site visit but before the decision has been made, we will pass it to the inspector. The inspector will then decide whether new questions have been raised which may affect the decision. If this is the case, the inspector will send the evidence to everyone who has made written representations, giving them the chance to reply. He or she will also consider whether a local public inquiry or a hearing is necessary.

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