Changing a right of way

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• The definitive map and statement is the legal record of public rights of way and Wiltshire Council has a duty to keep it under continual review. It is continually subject to change and paths may be added, upgraded, downgraded, extinguished or moved subject to due process. This can involve:

Definitive Map Modification Orders (DMMOs)

• When the Council becomes aware that the definitive map is in error it may make a DMMO to change it. Any person may also apply for a DMMO by following the correct application procedure. This will include bringing evidence to the council’s attention that suggests that the map needs changing.
• The council must maintain a Register of these applications
• Any person wishing to apply for a DMMO should contact the rights of way team in the first instance.
• Once made a DMMO is circulated as appropriate, advertised on site and in a local newspaper and is subject to a 42 day period during which objections or representations may be received. DMMOs must be determined and it is only after due determination of the issues that the order is confirmed and the map is changed.

Public Path Orders (PPOs)

• The Council may make a PPO to divert or extinguish an existing path or to create a new path. These may be made by the council in the interests of the public or in the interests of the landowner provided certain tests are met. Public path orders may also divert paths affected by development where planning permission has been granted.
• The council maintains a Register of these applications
• Any person wishing to apply for a PPO should contact the rights of way team in the first instance. Applicants will be required to pay associated costs.
• Once made a PPO is circulated as appropriate, advertised on site and in a local newspaper and is subject to a 28 day period during which objections or representations may be received. The council may decide to abandon a PPO or it may be determined. It is only after determination and confirmation that the map is changed.

Creating a Right of Way

• The Council may enter into an agreement with a landowner to create a new right of way. The council may also create a new right of way by order where there is clear public benefit or need. It is however uncommon to create rights of way by order against landowners’ wishes and compensation may be payable.
• Any person wishing to create a right of way over their land should contact the rights of way team in the first instance.

Planning and Rights of Way

• Where a public right of way is affected by a development the Council may make an order to move or extinguish the path if it is not needed. The order must be necessary in the sense that without the order development could not be carried out.
• If development proceeds without consideration of the right of the way leading to damage or obstruction, the landowner will be held liable.
• Any person who requires a path to be moved for this reason may apply for an order and should contact the rights of way team in the first instance. Applicants will be required to pay associated costs.

Traffic Regulation Orders

• For information on TROs see rights of way maintenance

Natural England has produced a Guide to Definitive Map Changes (NE112) and this is recommended for further reading.

Last updated: 13 October 2011