Definitive Map Orders
6 The decision
6.1 Nearly all orders are decided by an inspector on behalf of the Secretary of State. The Secretary of State will make the decision for a small number of orders. When this happens, we will tell everyone involved why.
6.2 Whether the Secretary of State or the inspector makes the decision does not affect the procedures or considerations set out in the other chapters of this booklet. We will explain clearly, in writing, who will be making the decision on any order.
Decision by an inspector
6.3 The inspector will explain his or her decision in a letter to the authority. The letter will usually:
- briefly describe the paths in the order;
- summarise the main points raised; and
- set out the inspector's conclusions and decision.
6.4 We will send copies of the inspector's letter to objectors, other people who were given permission by the inspector to speak at the inquiry and other people who have asked for a copy.
Decision by the Secretary of State
6.5 The inspector will send a report to the Secretary of State and make a recommendation as to whether the order should be confirmed, confirmed with modifications or not confirmed at all.
6.6 The Secretary of State does not have to accept the inspector's recommendation and must consider everything which is relevant. The letter to the authority will be signed by an officer of the Secretary of State.
6.7 Copies of the Secretary of State's letter and the conclusions from the inspector's report will go to the authority and other people mentioned in section 6.4.
The types of decision the Secretary of State or inspectors can make
6.8 When making a decision, the Secretary of State or the inspector has three options:
- to confirm the order as made;
- to confirm the order with some modifications to it; or
- not to confirm the order.
6.9 When the Secretary of State or inspector confirms the order with some modifications to it, he or she is actually changing its content. The changes may be quite small or they may be major. The inspector will explain the exact modifications clearly in the letter.
6.10 The following types of modification have to be advertised:
- to move the line of the path;
- to increase the width of the path;
- to show a new path on the order;
- to delete all or part of a path shown in the order; or
- to change the type of path shown in the order (for example, a footpath instead of a bridleway).
6.11 This will give people the chance to make objections to the changes.
6.12 Objections to the modification will be considered by the Secretary of State or an inspector (usually the same inspector who suggested them). There may also be another inquiry.
