Programme

Reports Index

This Abstract prepared by Roger Conway on behalf of Taunton Deane Ramblers. To get the full booklet use this LINK

The booklet gives guidance and information about definitive maps - the legal record of public rights of way - and the ways in which both those maps and individual rights of way can be changed. It is written for everyone who may have an interest, whether they are a landowner or farmer, a member of a parish or town council, a group representing users of public rights of way or simply an interested member of the public. In particular it explains the tests that have to be satisfied - and the procedures that have to be gone through - before a way can be said to be a public right of way or before a right of way can be created, diverted or closed. The booklet has no formal legal status but aims to provide a simple and clear explanation. The subject is a complex one and some matters have, inevitably, had to be simplified. If you have a concern or question about a particular route the relevant local authority (the county council where there is more than one authority) should be able to provide you with further information. The booklet applies only to England. The law is similar in Wales, but you should ask for guidance from the Welsh Assembly Government, which is responsible for its administration or from the Countryside Council for Wales, or the relevant local authority for matters relating to a particular route. Scotland and Northern Ireland have different legal systems and this booklet is not applicable. Every effort has been made to ensure the accuracy of the information given. However it is not intended to be a definitive statement of the law, nor can responsibility be accepted for errors or omissions. A number of changes to the procedures described in this booklet are likely to be implemented in 2003 and 2004 and these are referred to in the text. For more information about the implementation of these procedures please see page 53.

The Countryside Agency welcomes any suggestions you have for future editions.

INTRODUCTION:- Definitive maps, Changes to public rights of way, The organisations involved, Definitions.

DEFINITIVE MAPS:- What is a definitive map? The definitive statement, relevant date, How can I find out which ways are included on the definitive map? The four categories of rights of way, What makes a way a public right of way? Documentary evidence, Presumed dedication, No intention to dedicate, Getting the definitive map and statement changed, Definitive map modification orders, Evidence is the key, Applying for a modification order, Objecting to a modification order, Legal event, modification orders.

CHANGES TO PUBLIC RIGHTS OF WAY:- Making changes to public rights of way, Introduction, Who might want to change the rights of way network ? What reactions might they get? Who decides whether the change should take place? Deciding whether to apply for a public path order, The main types of public path order Under the Highways Act 1980, Concurrent orders, The needs of agriculture and forestry, Paths affected by development, Other ways of changing rights of way, Other types of order, Rail crossing orders,Creation agreement made by the local authority, Creation agreement made by a local council.

PROCEDURES:- The stages of an order, Applications, Consultation , Deciding whether to make an order, Making the order, Giving notice, Statement of reasons, Objections, Unopposed orders, Opposed orders, At a public inquiry, At a hearing, Written representations, The decision, Modifications to the order, Confirmation, Challenge in the courts, Coming into operation of orders, Amending the definitive map and statement, Amending the Ordnance Survey map, Marking the change on the ground, Costs and compensation, Costs of orders, Costs at an inquiry, Compensation,

COMPLAINTS PROCEDURES:- Introduction, Local authority complaints procedures, Complaints to the Planning Inspectorate, The Council on Tribunals, Complaints of maladministration, Complaints of failure by authority members to follow their code of conduct, The prescribed bodies.

OTHER MATTERS:- Forthcoming changes, Definitive maps, Changes to public rights of way, Procedures, Further reading, Acts, Regulations and Circulars, Other publications, Useful addresses, Government departments and agencies, Government offices for the regions, Wales, Voluntary organisations,

Please note: The Countryside Agency acknowledges and encourages that all or any part of this publication may be freely reproduced.