Dear Supporters,
We last wrote to you just over a year ago describing the procrastination we’d experienced from Portsmouth City Council in submitting the Definitive Map Modification Order for this Right of Way to the Secretary of State for confirmation. Such action triggers a Public Inquiry that is necessary before the Right of Way can be accepted in law. We concluded that some hope was on the horizon as Hampshire County Council had been invited by PCC to quote for providing assistance with this submission.
Throughout last summer and beyond, we continued to press PCC with sterling assistance from Stephen Morgan our local MP and others, culminating in a response from our Council Leader at their Full Council meeting in October, explaining that Hampshire County Council would no longer be taking up the case.
PCC since decided to seek Rights of Way expertise from elsewhere, and in February this year they committed to deliver the required submission to the Secretary of State by end March 2022. However, our hopes for progress have sadly been dashed again.
A New Right of Way Order for a Restricted Byway !
On 29thApril we were informed by Legal Services that the formal Definitive Map Modification Order (DMMO) from 2019 was considered not fit for purpose by PCC’s legal adviser. Consequently, a new and amended Order has been drafted and published for public consultation.
Some of you may have seen public notice of this new replacement Map Modification Order (Ref: PCC DMMO Number 1 of 2022), announced in the Portsmouth News last Thursday 29thApril and also fixed on lampposts at the Camber.
We have examined the new DMMO in full and concluded that there was a high risk the original Order may be rejected by the Secretary of State as it did not conform to the statutory regulations in several ways. The new Order can be found attached to this email and we have requested that it is uploaded to the PCC website.
So what does this mean for us all ?
A consultation period in respect of this new Order is underway, ending on 17thJune 2022. The upshot is that the 70 or so statements of support (representations) and objections many of us made in response to the old 2019 Order cannot be held as legally valid in respect of this new Order. We therefore ask you to please take action to either:
- Write or email the City Solicitor to simply say that your previous statement made in 2019 in respect of the PCC DMMO Number 1 of 2019, along with the evidence you provided to PCC when the Right of Way was investigated in 2015, should now be wholly taken as applicable to this new PCC DMMO Number 1 of 2022.
- Or, if you’re not sure whether you commented on the 2019 Order, or gave evidence to PCC when they investigated the Right of Way in 2015, you can raise a new representation or objection in regard to the new Order expressing your support or objection to the Right of Way being recorded on the Definitive Map.
When writing, you should request that your representation or objection is acknowledged.
The address and email of the City Solicitor are as follows: Peter Baulf, City Solicitor, Portsmouth City Council, Civic Offices, Guildhall Square, Portsmouth PO1 2ALEmail: peter.baulf@portsmouthcc.gov.uk
We understand how frustrating this whole saga is, this was not what we anticipated.
However we urge you to make sure your original statements are not wasted by responding to Mr Baulf. If we can help or explain further in any way, please email or phone us. We have kept records from those of you who copied your letters to us, if you need reminding what you previously submitted. We thank you for your continuing support.
Regards and best wishes to you all,
Ken Bailey (Tel 023 9275 6887, Email krgbailey@btinternet.com)
Anna Koor (Tel 079625 38831, Email anna.koor@ntlworld.com)