Making changes to the Definitive Map
Definitive Map Modification Order and how it works
Definitive Map Modification Order changes the definitive map and statement in one or more of the following ways:
- by adding a footpath, bridleway, restricted byway or byway not previously recorded on the map and statement
- by deleting a public right of way previously shown on the map and statement
- by altering the status of a public right of way (e.g. by changing the status from footpath to a bridleway)
- by amending the details of position or width of a public right of way, which are recorded in the definitive statement
An application can be made to the Council for a Definitive Map Modification Order. Provided it is correctly made and supported with sufficient evidence, the Council has a legal duty to investigate and decide whether a Modification Order should be made.
The whole basis for making Definitive Map Modification Orders hinges on there being sufficient evidence that the definitive map and statement is incorrect and needs to be modified. It is essential to realise that no matter how desirable a change or modification may be, the Council cannot make an order as applied for unless there is sufficient evidence and a number of complex legal provisions are satisfied.
If you wish to make an application then please contact the Rights of Way department and request an application pack which will provide full details of the procedure and include the necessary application forms.
In addition to Definitive Map Modification Order applications, the Council has a power to make a public path order under Highways Act legislation including an Order creating a path or diverting an existing footpath or bridleway. Less common are extinguishment (stopping up) Orders.
If you are a landowner and wish to learn more about creating or diverting a public right of way, then please contact the Rights of Way Service.