www.wiltshire.gov.uk
Rights of Way - definitive map and statement
Index of Content
- Summary of Service
- Details of Service
Summary of Service
The Definitive Map and Statement form the legal record of public rights of way and must be maintained, kept up to date and under continuous review by the County Council. The work is carried out by a small team of officers within the Public Rights of Way section at County Hall.
A Brief History of the Definitive Map in Wiltshire
Our Definitive Map and Statement dates back to the early 1950s (1952 and 1953 depending on area) – a result of the 1949 National Parks and Access to the Countryside Act. It was originally drawn up as a result of consultation between surveyors and Parish Councils, landowners and members of the general public and today it forms the legal record of public rights that exist in Wiltshire. It is currently under continual review as evidence is found that shows that public rights exist that are different to those currently shown on the Definitive Map and Statement.
Public rights exist over a specific route and this is represented on the Definitive Map; the Statement provides a written record detailing the route.
Details of Service
How we Manage
Viewing the Definitive Map and Statement
It is possible to view a working copy of the Definitive Map and Statement at local libraries, District Council Offices and at County Hall. Parish Councils are also provided with copies.
Although Rights of Way are represented on Ordnance Survey maps and are derived from the Definitive Map and Statement it must be recognised that rights of way are liable to change and if you are in any doubt it is always advisable to check with Wiltshire County Council.
Changing the Definitive Map
The Definitive Map and Statement may be changed by either 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 dedicate or create new rights of way and also to stop up existing ones. Changes to the map are legal events and are governed by the making of Orders.
Orders to modify the Definitive Map and Statement with regard to adding previously unrecorded rights of way or perhaps upgrading, downgrading or removal of existing rights of way are called Definitive Map Modification Orders.
Orders to modify the Definitive Map and Statement with regard to diverting existing rights of way (or the extinguishment of or creation of rights of way) are called Public Path Orders.
Members of the public may apply for either type of order under the Wildlife and Countryside Act 1981 or the Highways Act 1980 (Public Path orders). Wiltshire County Council, as the surveying authority, has the duty to determine duly made applications for Definitive Map Modification Orders and the power to determine Public Path Order applications.
For further details please see the relevant sections below.
Definitive Map Modification Orders
Members of the public may apply for these orders. A Register of Applications received and accepted by Wiltshire County Council can be found at www.wiltshire.gov.uk/ROW/Defmap (or follow the link to the right of the page).
The purpose of an application for a Definitive Map Modification Order is to bring to our attention evidence that suggests that public rights are different from those currently shown on the Definitive Map and Statement.
This may be that a right of way exists but is not shown on the map at all as a public right of way.
It may also be that rights can be shown to exist that are higher (or lower) than are currently shown and it may also be that it can be shown that no rights exist.
Unrecorded rights of way may be found to exist through the discovery of historic documented evidence of an old public path that has never been legally stopped up even if it has, over the years, fallen into disuse. Unrecorded rights may also be found if a public path may have come into existence because it has been expressly dedicated by the owner of the land for public use or has become a public right of way through long standing public use which has been without secrecy or force and without any effective challenge being made by the landowner.
The County Council has to assess all of the available evidence and to decide, on the balance of probabilities, whether the claimed rights are reasonably alleged to exist. We will investigate all available evidence (including interviewing witnesses if appropriate) and conduct an initial consultation with the relevant County Councillor, District Council, Parish Council, Landowners, tenants and those with an interest in the land, Statutory Undertakers, user groups and any other interested parties. This consultation may uncover additional evidence which may support or contradict the claim. If the Council agrees with the claim it must make a Definitive Map Modification Order and follow a strictly prescribed process regarding the serving of notice, advertisement of order, posting on site and it must allow a Statutory Period for objections or representations to be received (42 days).
Applications based on historical evidence must be judged only on the evidence of whether or not the claimed rights exist and cannot take into account such matters as the desirability of recording the path in the definitive Map and Statement or any environmental or safety considerations.
If there are no objections the Council may make the Order and make the necessary changes to the Definitive Map. If objections are received the Council has to refer the Order, with the objections, to the Secretary of State for Environment Food and Rural Affairs who will decide, through the offices of the Planning Inspectorate, whether or not to determine the Order by inviting written representations or by holding a hearing or public inquiry led by an appointed inspector.
Applications based on long term use by the public (statute dedication – Highways Act 1980 s.31) are also admissible as are applications regarding use of perhaps a lesser period but where the landowner’s behaviour has inferred dedication (common law dedication).
The most common form of application based on public use must show continual use of the route for a twenty year period. The twenty year period must be the twenty years immediately prior to the public’s use of the route being brought into question. This can either be a physical event like a way being obstructed or it may be the date of the application. The use MUST have been without force, without secrecy and without effective challenge.
Application forms and advice can be obtained from defmap@wiltshire.gov.uk (or follow the link to the right of the page).
The number of applications received by the County Council is far in excess of the rate at which they can be processed. We will deal with applications in order of receipt except where certain circumstances are apparent. Link to statement of Priorities (or follow the link to the right of the page).
Public Path Orders
Agreements or orders to create and applications to divert or stop-up existing public footpaths or bridleways are known as Public Path Orders. They are usually made under the provisions of the Highways Act 1980 if the proposed change is seen to be in the interests of the landowner or of the public (many such changes have benefits to both the landowner and the public) or under the Town and Country Planning Act 1990 where the change is necessary to allow development to take place for which planning consent has already been obtained.
Landowners may apply to divert a path. Details and application forms are available. Link to PPO application packs (or follow the link to the right of the page).
Public path orders are subject to public consultation and as in the case of Definitive Map Modification Order, can be confirmed by the County Council if there are no objections. If no objections are received, the County Council must decide whether to abandon the order or to ask the Secretary of State to confirm it, through the offices of the Planning Inspectorate. Again, written representations, a hearing or a local public inquiry will be required to help the Inspectorate make its decision. The result of the Public Path Order is to change the route on the ground, but a separate legal event Order is needed to change the Definitive Map and Statement.
Occasionally, applications to stop up public rights of way or to divert vehicular public rights of way are made by the County Council to the Magistrates Court. The Secretary of State a has power to make Public Path Orders in certain circumstances.
We have received a significant number of applications for Public Path Orders and these will be dealt with in order of receipt except where certain circumstances apply. Link to register of PPOs and link to statement of prioritisation for PPOs (or follow the link to the right of the page).
Legal Framework
Background
The National Parks and Access to the Countryside Act of 1949 required every county in England and Wales (there were some excluded areas – mainly urban) to produce a definitive map and Statement of all routes where Public Rights existed.
Parish Councils were consulted by local authorities and a draft map produced. This was publicly available and a consultation period held. Following this period a provisional map was produced and there was another consultation period with landowners only. Following this the Definitive Map was produced. In Wiltshire this became operational in 1952 and 1953 (depending on location). There was a requirement for a quinqennial review.
The original Definitive Map had footpaths, bridleways and Roads Used as Public Paths (RUPPs). In Wiltshire the terms Carriage Road Footpath (CRF) and Carriage Road Bridleway (CRB) were used but this was ruled to be unacceptable and they were viewed as RUPPs.
The Countryside Act 1968 recognised that it was unclear whether RUPPs carried vehicular rights or not and it became a duty under this act for authorities to reclassify RUPPs as either footpath, bridleway or Byway Open to All traffic (BOAT). Wiltshire did not re-classify many under this legislation.
Again there was a requirement for quinquennial reviews though by shorter process.
The Wildlife and Countryside Act 1981 changed things considerably. It became a duty for the authority to keep the definitive map under continual review AND it gave the public the right to apply for an order to modify the definitive map and statement by bringing to the authorities attention evidence that supported that rights different to those shown on the definitive map and statement existed. See section 53(5).
In Wiltshire RUPPS continued to be reclassified under this Act (sec 54) and applications were processed fairly well as they came in.
Owing to limited resources, the length of Wiltshire’s network and the length of time taken to process modification and reclassification orders by 2000 Wiltshire had not reclassified all of its RUPPs by quite a large margin.
The Countryside and Rights of Way Act 2000 (CROW Act 2000) reclassified all remaining RUPPs (on enactment) to become Restricted Byways. Restricted Byways do not carry rights for mechanically propelled vehicles and so it became necessary for vehicular users to bring to the authorities attention evidence that showed that rights higher than those shown on the definitive map and statement existed.
CROW Act 2000 also closed the Definitive Map and Statement to changes evidenced by documentary or historical evidence in 2026.
This brought a further increase in applications for Modification Orders as user groups sought to ensure that Public Rights that were higher than those that already existed were recorded before the map ‘closed’.
The Government also recognised that a huge amount of Public Rights could be lost by this legislation and Natural England is currently working on an enormous project called “Lost Ways” which seeks to identify and record routes that are currently unrecorded.
For example many routes were awarded to the public by an Act of Parliament as roads but the Definitive Map does not reflect this.
The Natural Environment and Rural Communities Act 2006 was enacted in May 2006 and in section 66 removed all vehicular rights from highways. Section 67 became necessary to restore rights for certain routes (like the roads that we drive on daily) and it contains five exceptions to the extinguishment of vehicular rights.
NERC Act 2006 extinguishes vehicular rights on all routes that are the subject to claims received after 19th January 2005 unless certain exceptions can be proved (sec 67 (2)(3)). The NERC Act however does not relieve local authorities of their obligation to process all definitive map modification order applications for byways open to all traffic to a full determination, even though the outcome may be that a public right of way for mechanically propelled vehicles existed before the enactment of NERC but has since been extinguished by the Act.
Contact Details
By Post
The Definitive Map Team
Environmental Services Department
Wiltshire County Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JD
By Email
rightofway@wiltshire.gov.uk
By Telephone
01225 713392 / 01225 713038
By Fax
01225 713400
