Definitive Map Modification Order and Landowner Deposit – The Ghyll

As reported at the Planning Committee meeting of 2^nd July 2025, the Council can confirm that a Definitive Map Modification Order (DMMO) A2 notice was served in full to SPC on 17^th June 2025 by a resident for the addition of a path across The Ghyll playing field from the Southeast corner of the field to the western side, just south of the play area through the damaged fence.  SPC is yet to receive any correspondence from West Sussex County Council (WSCC) confirming the application.

Subsequently, a CA16 landowner deposit was submitted to WSCC pursuant to S31(6) of the Highway Act 1980 and s15A(1) Commons Act 2006, where the Council is landowner of The Ghyll.  The submission follows after being served notice of the DMMO A2 Notice.

This is a standard legal process available to all landowners, and it does not affect any existing rights of way. In making this deposit, the Council is clarifying its position regarding the current access and land use to protect the land from future claims for unrecorded rights of way or town and village green being made without the Council’s involvement or opportunity to review the evidence beforehand.

The current access arrangements as managed and permitted by Southwater Ghyll CIO have not been altered. This simply ensures that any future claims to record new public rights over the land follow the relevant legal criteria and are supported by evidence that meets the statutory tests.

The Ghyll continues to benefit from planning protection under Policy SNP7 of the Southwater Neighbourhood Plan, which designates the site as a Formal/Informal Sports Area. SNP7 ensures that land, as specified under the policy, is used for formal or informal sporting and recreational activities and is safeguarded for the benefit of current and future generations.

For clarity, the existing Public Right of Way 1678, which runs along the eastern boundary of The Ghyll, lies outside of the land under Southwater Parish Council’s ownership and is not affected by the CA16 submission.

Further details, including a copy of the CA17 notice that had been displayed by WSCC at The Ghyll, and the landowner deposit record will be available on the West Sussex County Council website which is the local authority responsible for these matters.