Main heading

Public Rights of Way -  The Definitive Map

Notes accompanying Application Pack

Set out below is a slightly altered version of the notes which are sent out with each application pack. Application notes will soon be available on-line but at present you are asked to contact the PROW Office. On request, a pack will be sent to you in the post.

Definitive Map Modification Order Explanatory Notes

Background

The Definitive Map and Statement is the legal record of public rights of way in Cheshire which proves conclusively, in law, the existence and status of a public right of way at a specified date, referred to as the "Relevant Date". The public rights recorded have legal protection and may only be changed or extinguished through a legal process.

This record is a minimum record of rights that are known to exist. There are often cases where paths not recorded on the Definitive Map actually exist on the ground, and have been openly used and enjoyed by the public for a considerable time, in the belief that a public right exists. In such cases there may be a basis for that route to be added to the legal record, to protect those public rights that have been acquired.

Sometimes the legal record is inaccurate: a way recorded as a public footpath may have been used for 20 years or more as, say, a public bridleway and it is desirable that this right is recorded. Alternatively, evidence may exist to suggest that a path recorded on the Definitive Map is not public, or else has the wrong status. It is necessary to establish the facts through detailed documentary research and interviewing independent witnesses. When inaccuracies and errors do exist, changes to the Definitive Map and Statement can only be made by a legal process, a Definitive Map Modification Order (DMMO).

An application pack contains all the documents you will need to submit an application for a Modification Order is available from the PROW Office. It should be used for requests to add paths to the legal record or else to delete, upgrade or downgrade them, or to otherwise change particulars already recorded.

The County Council makes no charge for applications for DMMOs.

Making Your Application

You must have evidence to substantiate your claim. This may be documentary evidence, or evidence of public use; statements from people who have personally used the path or who have personal knowledge of its existence over a period of time. The time period is usually 20 years prior to the date that public use is first challenged. It is not necessary for each individual to have this length of experience.

The procedures set out in the forms enclosed in this folder follow the requirements of the Wildlife & Countryside (Definitive Maps & Statements) Regulations 1993. (Statutory Instrument 1993 no.12).

1) Pink Form F : These questionnaires should be filled in by witnesses, and signed. A map or plan showing the path should be submitted with each form. A sketch, showing key features of the route will be sufficient. If witnesses are aware of any documentary evidence, eg old maps, deeds, orders etc. then details should be included.

2) You must, by law, serve a notice on the owners and occupiers of the land covered by your application. Form G shows the format that must be used. If there is more than one owner/occupier then please photocopy the form or ask for more copies to be sent to you. If you cannot trace the landowner then you should contact the Public Rights of Way Unit for advice on how to proceed.

3) Form H is for you to confirm to us that you have served notice on the landowner(s) and occupier(s). This should be completed and returned with the other documents.
NB: Your application will not be valid and will not be registered until you have submitted this certificate.

4) Form D: Complete the green application form and submit it to the Countryside Access Manager, at the address below. The form must be accompanied by a map to a scale of not less than 1:25000 (2 ½" to 1 mile) showing the path referred to in the application. Physical features such as roads, railway lines, canals etc. should be shown to assist in identifying the site. A separate application must be made for each path.

What Happens Next?

On receipt of a properly completed application, it will be registered and numbered and you will receive acknowledgement. If the application is incomplete, you will be contacted to rectify this. The application will receive an initial assessment as soon as possible, to establish whether your claim is valid. You will be advised if more evidence is required.

How Long Will It Take?

Detailed investigations will not necessarily start immediately. Applications will generally be addressed in order of receipt, however, a backlog of applications is currently being dealt with. Urgent applications such as those where the path is threatened by development, may be taken out of turn. The Council has published a Statement of Priorities.

You are entitled to approach the Secretary of State for the Department of the Environment if your application is not dealt with within 12 months, but you are advised to contact the Public Right of Way Office first, to establish the reason for the delay. Although the Secretary of State can direct the Council to determine the issue within a given time-scale, consideration will first be given to the Council's Statement of Priorities.

Processing the Application

Detailed investigations are undertaken by a Public Rights of Way Officer. Each application involves consultations with landowners and occupiers and with local councils. Witnesses are interviewed and documentary research is carried out. When investigations are complete, the officer presents the evidence to a panel of specialist officers and the highways solicitor, who carefully assess it and decide the matter, on the balance of probabilities. A detailed report with a recommendation is then submitted to the Council's Rights of Way Sub Committee, for consideration. You, and all landowners and occupiers on whom you served notice, will be advised of the Councillors' decision.

If the Council decides not to make a Definitive Map Modification Order then, within 28 days of receiving the notification, you may appeal in writing to the Secretary of State. You must also give written notification to the Council of your appeal. If the Secretary of State is satisfied, on appeal, that an Order should be made, then the Council will be directed to do so.

If a Definitive Map Modification Order is to be made, it will be done in accordance with the procedures laid down in Schedule 15 of the Wildlife & Countryside Act 1981. The Order will be sealed by the Council Solicitor and notice served on interested parties. It is then advertised on site and in the local newspaper and 42 days is allowed for any objection or representation. Should any be received and not withdrawn, then the Council must refer the matter to the DEFRA's Planning Inspectorate for determination. A public Inquiry may need to be held.