Main heading

Public Rights of Way - Countryside & Rights of Way 2000 

Completing the Definitive Map by 2026

The ‘cut-off date’ - 2026

Sections 53 – 56 of the CROW Act allow for many unrecorded public rights of way to be extinguished on 1st January 2026. After that date it will no longer be possible to make a claim to have a route added to the definitive map as a footpath etc on the basis of historical evidence. Nor will it then be possible to make a claim to have a route which is recorded as a public footpath upgraded to bridleway or restricted byway. As a result of the NERC Act 2006 it is already the case that no routes can now be upgraded to 'byway open to all traffic'.

The cut-off date, which could be extended to 2031, will only affect unrecorded rights of way which were in existence before 1949. The rules relating to this cut-off date are rather complex. Further information is available on the Countryside Agency’s website.

It will still be possible after 2026 (or 2031) to apply to have more routes added to the definitive map if the evidence relates to use of the route after 1949. Similarly evidence of 20 or more years use by horse riders after 1949 of a route recorded as a public footpath may result in the record being changed to show it as a bridleway.

Understandably there is a concern on the part of many organisations and individuals to ensure that as many of these unrecorded routes as practicable are recorded before 2026 and the opportunity is lost. These unrecorded routes are commonly referred to as ‘lost ways’.

Discovering Lost Ways

The Countryside Agency’s ‘Discovering Lost Ways’ project is intended to assist in completing the Definitive Map before 2026 by co-ordinating research across the country to reveal the routes of hitherto unrecorded public footpaths, bridleways and restricted byways and enabling ‘modification orders’ to be made to add them to the Definitive Map. The research is also expected to reveal the existence of higher rights along some routes eg bridle rights along routes recorded as public footpaths.

It is believed that there a number of routes in Cheshire which are currently recorded as public footpaths but which nevertheless carry historic bridle or even vehicular rights. There are a variety of reasons why these higher rights might not have been recorded in the early 1950’s when path surveys were being carried out leading to the drawing up of definitive maps. It is suggested for example that riding was at a low ebb at that time – the use of the horse for transport had largely died out but modern recreational riding had yet to begin.

A contract for an 'Archive Research Unit' was awarded on 6 July 2005 to a firm called Land Aspects, a wholly owned subsidiary of consultants Mouchel Parkman. The two authorities chosen as pilots for the process of trawling the historical records are Cheshire and Wiltshire; several other authorities will be involved over the first three years of the project.

The advantage of being involved at an early stage is that Cheshire and Wiltshire have been able to influence the development of the process and will bring their professional knowledge and expertise to bear. The Agency hopes that the pilots will lead to an accredited research standard and that this will mean that authorities will not need to check the documentation themselves before agreeing to make Definitive Map Modification Orders (DMMOs). In fact, this is one of the areas of concern for local authorities, because they will need to be satisfied that the evidence would enable them to make the case in support of the order at a public inquiry if necessary. The consultants will be appointing a Regional Planning Liaison Officer who will be working with the rights of way and archives staff, Local Access Forum, Parish Councils, volunteers and landowners. It is not certain at this stage whether this research will result in formal Schedule 14 applications under the Wildlife and Countryside Act 1981, or whether a file of evidence will be submitted to the authority. Either way, the project has the potential to result in a considerable increase in the amount of Definitive Map Review work, as predicted since the CROW Act was but a Bill. The PROW Unit would expect to appoint new staff for this role as already agreed by elected Members who have allocated new funding in 2004. The Project offers both a challenge and an opportunity and it is gratifying to be in at the outset.