Register of Applications for Public Rights of Way

Under the Wildlife and Countryside Act 1981, every surveying authority is required to keep and publicise a register of Schedule 14 applications for new public rights of way and upgrades, downgrades or deletions of existing rights of way. Paths that have been brought to the authority's attention, without a Schedule 14 application being made, are kept on an informal list.

Claims for New Routes or Amendments to Existing Routes

The definitive map and statement forms the legal record of public rights of way. Inclusion of a way on the map and statement is conclusive evidence of the existence of public rights. However, ways not shown may carry public rights, and some ways shown may have been wrongly recorded.

If you believe there is an error with the definitive map and statement, please contact the Public Rights of Way Team who will explain what is required and supply the necessary documentation.

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 being made.

Processing of a Claim

Before the Council can consider making a Definitive Map Modification Order (DMMO), it must be satisfied that the supporting evidence shows that a public right of way subsists, or may be reasonably alleged to subsist, over the land in question. Legislation sets out various requirements which the applicant for a DMMO needs to meet before an application can be considered. Applications are required to be in a prescribed form and accompanied by:-

(a) a map drawn to the prescribed scale showing the way or ways to which the application relates; and

(b) copies of any documentary evidence and / or user evidence.The evidence may be in the form of historical documents or use by the public, or both.

The applicant for a DMMO is also under a duty to serve notice on every owner and occupier of any land to which the application relates and serve a certificate confirming this has been done (a “certificate of service”) with the application.

Unless these requirements are met the Council is under no duty to investigate the application and will not do so. The Council must determine an application for a DMMO within 12 months of receipt of the certificate of service, but this period may be extended with the applicant’s approval.