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. 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

The Council is not entitled to make the final decision on a claim. If the Council decides to support the claim, then public consultation is necessary and those with an interest in the land over which the route runs and members of the public 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.

Once a properly submitted formal application has been received, the Council will decide, based upon the evidence submitted, whether or not it will support and proceed with the claim.

If a decision has not been reached within 12 months of submission of a formal application, the claimant is entitled to appeal to the Secretary of State to direct the Council to make a decision within a specified time. A claimant may also appeal to the Secretary of State if the Council makes a decision to refuse the application.