Recording, Changing &
Closing Public Rights of Way
The Definitive Map and Statement (DMS) can be changed by the
addition of a previously unrecorded right of way, by the upgrading,
downgrading or removal of a right of way or by the diversion of an
existing way. It is also possible to create new rights of way
and also to extinguish existing ones.
Changes to the DMS are made by legal events
following statutory procedures set out in the Wildlife and
Countryside Act 1981, the Highways Act 1980 and the Town and
Country Planning Act 1990, which regulate the making of such
Orders.
Orders to modify the DMS to add unrecorded
rights of way or upgrade, downgrade the status or remove an
existing right of way, based on evidence that there is an omission
or error on the map, are called Definitive Map Modification
Orders. Orders to modify the DMS by diverting or
extinguishing an existing right of way, or creating a new right of
way, are called Public Path Orders.
Modification Orders
The legislation covering Definitive Map
Modification Orders is Section 53 of the Wildlife and Countryside
Act 1981.
For information on Modification Orders, or to
see the list of current applications, please click on the link
below:
Modification Orders
page
Public Path Orders
The County Council has the power to authorise
the making of Public Path Orders to divert, create or extinguish
('stop up') public rights of way. Anyone can make an
application.
Diversion Orders
Before the County Council will consider an
application to divert a public right of way it must be satisfied
that:
- The proposed diversion is in the interests of
either the public, or the landowner or occupier of the land.
- The diverted route must not be substantially
less convenient to use as the existing route.
- A diversion will not result in a negative
effect on public enjoyment.
These preconditions are set out in detail in
Section 119 of the Highways Act 1980.
For further information please click on the
link below to see our guidance notes for Public Path Diversion
Orders:
Guidance notes
Extinguishment Orders
Before the County Council will consider an
application to extinguish a public right of way it must be
satisfied that the path is not needed for public use.
The preconditions are set out in detail in
Section 118 of the Highways Act 1980.
For further information please click on the
link below to see our guidance notes for Public Path Extinguishment
Orders:
Guidance Notes
Creation Orders
Before the County Council will consider an
application to create a public right of way it must appear to the
authority that there is a need for the new path. The County
Council must also be satisfied that the new path would add to the
convenience or enjoyment for a substantial number of users or local
residents.
The preconditions are set out in detail in
Section 26 of the Highways Act 1980.
For further information please click on the
link below to see our guidance notes for creating new rights of
way:
Guidance
Notes
Creating a New Public Right of
Way
Landowners, including developers, Parish or
District Councils, can also create a new right of way by entering
into a Creation Agreement with the County Council. Owners can
use a Creation Agreement to create a new right of way across their
land or to access their development.
Before entering into an agreement with a
landowner, the County Council will first require proof of actual
land ownership and will also need to consider how the proposed
route will add to the convenience or enjoyment of the public.
Creation Agreements are different from
Creation Orders in that no public consultation is required to
create a new route by agreement, whereas a Creation Order follows
the same consultation procedures as a Diversion or Extinguishment
Order. For further information please see the link to the
guidance notes below.
The relevant legislation covering Creation
Agreements is Section 25 of the Highways Act 1980.
For further information please click on the
link below to see our guidance notes for creating new rights of
way:
Temporary Closures
Public rights of way should be open and
available for public use at all times. However, it may be
necessary in the interests of public safety to formally close a
right of way for a limited period of time to allow works that
disturb the surface of a path, or works next to a right of way, to
be carried out.
Public rights of way must not be closed or the
public use in anyway restricted without the County Council's prior
consent. If it is considered necessary for a right of way to
be closed, the County Council must first be consulted so that the
correct statutory procedure can be followed.
The relevant legislation covering Temporary
closures is Section 14(1) of the Road Traffic Regulation Act 1984
(as amended).
Planning and Rights of
Way
Planning permission does not alter any rights
of way crossing the land. If a path needs to be diverted or
extinguished for development to take place, a legal order must be
made under the Town and Country Planning Act 1990 before
development is completed. This will usually be processed by
the District Council Planning Department.
The Countryside Access team must be consulted
on any proposed development that affects a right of way.
Traffic Regulation Orders
These Orders may be used to prohibit certain
kinds of traffic from rights of way which is considered unsuitable
or inappropriate, e.g. prohibiting motorised vehicular use from a
Byway Open to All Traffic to prevent damage to the surface of the
route.
The relevant legislation governing Traffic
Regulations Orders is Section 1 and 2 of the Road Traffic
Regulation Act 1984.