Under the Countryside & Rights of Way Act 2000, every Local Authority is required to maintain and publicise a register of formal claims for new Rights of Way (Footpaths, Bridleways and Byways) and amendments to existing Rights of Way. In additional there are other ways that have been brought to the Authority's attention that may have public rights or are believed to have different rights than those recorded on the Definitive Map of Public Rights of Way, these are known as informal claims.
Claims for new routes or amendments to existing routes
The Definitive Map and Statement form the legal record of public rights of way. Inclusion on the map and statement is conclusive evidence of the existence of the public rights that exist on a route. However, routes not shown may still carry public rights, whilst some routes may have been wrongly recorded.
If you believe that an error has been made please contact the Public Rights of Way Section who will explain what is required and supply the necessary documentation. In the first instance some evidence, such as old maps, photos or statements of use, must be provided by the claimant..
Applications to change the map are known as Definitive Map Modification Order Applications. Although many enquiries are received about possible changes to the Rights of Way network, a much smaller number result in a formal Definitive Map Modification Order Application that is formally registered. Formal registration means that an application has met the conditions required by Schedule 14 of the Wildlife and Countryside Act 1981.
Processing of a claim
Once a properly submitted formal claim has been submitted, Doncaster Council will decide, based upon the evidence submitted, whether or not it will support and proceed with the claim.
If the decision has not been taken within 12 months of submission, the claimant is entitled to request that the Secretary of State directs Doncaster Council to do so within a specified time. A claimant may also appeal if the Council decides that backing evidence is insufficient to enable them to support the claim.
The Council is not entitled to make the final decision on the claim. If the Council does decide to support the claim then a process of formal public consultation is necessary and those with an interest in the claimed route may object. If there are no objections, the Council can confirm the claim as made. If there are objections, a Public Inquiry will be held and an independent inspector will decide the claim based on the evidence presented.
Register of Ongoing Definitive Map Modification Order Applications
A formal register of ongoing Definitive Map Modification Order Applications is available to download on the right hand side of this page. In addition a register of informal claims may also be viewed. Should you wish any further information please email the Public Rights of Way Section at firstname.lastname@example.org
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