|
The Definitive Map shows all the
known public rights of way in Gloucestershire.
What is the Definitive Map?
Every highway authority must keep a definitive map. This is a document
recording public rights of way and is in the form of books of maps showing
the paths, and books of statements describing them.
There are four different types of path, which may be shown on the
definitive map. These are:
Footpaths - over which the right
of way is on foot only.
Bridleways - over which there is
a right of way on foot, on horseback, leading a horse and on a bicycle.
RUPPs - These are "roads used as
public paths".
RUPPs are of at least bridleway status and may or may not have vehicular
rights. (Under the Wildlife and Countryside Act 1981 these have to be
reviewed). These are all going to be redesignated as 'Restricted Byways'
under the Countryside and Rights of Way Act 2000 over the coming year.
Byways - these are byways open to
all traffic - which includes some vehicular use.
How was it prepared?
The definitive map was prepared under the provisions of the National Parks
and Access to the Countryside Act 1949 which required surveying
authorities - usually county councils - to prepare maps and statements of
public rights of way. The procedure for the preparation was long and
complex. First the authority had to take account of submissions from
parish councils and prepare a draft map. Notice of the preparation of the
draft map was published and provision made for logging of objections.
Objections were heard by a person appointed by the county council. Where
in response to objections a modification was made to the draft map by the
addition or the deletion of a path, a further publication, objection and
hearing process was necessary in relation to each such modification.
Following the determination of objections and appeal procedures, the
authority was required to prepare a provisional map and statement
containing the particulars making up the draft map together with any
modifications made to it. A publication process was again prescribed. A
right of appeal was given to any owner, lessee or occupier of land over
which the map showed a public right of way. Only after the determination
of such appeals could the authority publish the definitive map and
statement.
 Click
on the map to view the Provisional Map of Registered Common Land & Open
Country - mapping Area 7 - West of England. Leonard Stanley CP.
Please note: This is a very
large file and will take over 5 minutes to load via a 56K modem link!
Effect of the definitive
map
The marking on the definitive map of a path is conclusive evidence
of the minimum status of the public right of way over the path.
Section 56 of the Wildlife and Countryside Act 1981 states that a
definitive map and statement shall be conclusive evidence as to the
particulars contained therein. For example, where the map shows a
footpath, the map is conclusive evidence that there is a highway as
shown on the map and that the public have a right of way on foot
thereover. The definitive map is only conclusive as to the
information it contains without prejudice to the existence of any
other rights which may exist.
Ordnance Survey (OS) Maps
OS maps record physical features on the ground. The fact that a
public right of way is not shown as a physical feature on an OS map
does not effect its legal existence. The Pathfinder, Explorer,
Outdoor Leisure and Landranger series of OS maps include information
taken from the county council's definitive maps.
Wildlife and Countryside Act, 1981 - Section 53
Definitive map modification orders
Definitive map modification orders are the means by which the
definitive map of public rights of way and its associated statement
may be changed. Under the provisions of the Wildlife and Countryside
Act, 1981 the county council is obliged to formally record changes
to the definitive map as and when necessary.
Modification orders may be instigated by the county council or they
may be made as a result of the determination of an application from
the public.
The difference between a diversion order and a modification order is
that a diversion order is required when a path is re-routed in the
interests of the landowner or the public. The applicant for a
diversion order is required to pay the costs of the order.
An applicant for a modification order needs to do some preparatory
work to ensure that their application is properly made but they are
not required to pay the costs of the order.
A modification order will be made if the county council, once it has
investigated the matter, agrees that the evidence submitted is
sufficient to justify the making of an order.
Who can apply for a modification order?
Anyone may apply for a modification order. This includes groups
of people such as a parish council or a rights of way user group
such as the Rambler's Association.
What sort of changes may be made to the definitive map?
An application may be made for the addition or realignment of a
right of way. It is also possible to apply to have a right of way
deleted from the map. In addition, it is also possible for an
applicant to ask for a right of way to be shown differently, for
example if the applicant believes that a footpath should really be
recorded as a bridleway. It is also possible to make a request for
other particulars on the map and statement to be amended.
Evidence
It is important for the applicant to send as much evidence as
possible in support of the application. This is because the decision
whether or not to make an order will be made on the basis of the
evidence that is supplied by the applicant and other evidence that
may be available. There are two types of evidence: User evidence and
documentary evidence.
User Evidence
If a path is not recorded on the map but the public have been using
it for a continuous period of twenty years or more, then it may
become a public right of way unless there is sufficient evidence to
show that the landowner did not intend to dedicate it as public. The
twenty-year period is counted back from the date on which the
public's right to use the route was first brought into question.
The county council requires proof that the public have been using
the path for continuous period of twenty years or more. The "public"
should be the general public not special groups of people. For
example anyone who was an employee of the landowner would be deemed
to be using the route by permission and such use would not
constitute the formation of a public right of way.
The PROW team provides public path evidence forms as part of a
comprehensive application pack. The applicant will have the task of
asking witnesses to complete these, collecting them and sending them
to the county council with the application.
Documentary Evidence
This may consist of, for example, old maps, parish records,
Inclosure Awards or Tithe Maps. These documents together with others
may be found at the county council's records offices. It would be a
worthwhile step for an applicant to undertake at least some research
to see if any documents that support the application may be found.
I believe that the definitive map needs to be changed; what do I
do?
In the first instance a potential applicant should contact the
definitive map group to have an informal discussion with one of the
officers. They have a great deal of expertise in these matters. It
is usually possible for them to identify the area that the possible
applicant is interested in. During a telephone call they can also
examine a small amount of the documentary evidence and discover, for
example, whether the site has any definitive map history.
As a result of the preliminary discussion the county council will
send the applicant an information pack that contains complete
details of the process.
Making an application: how to apply
Once the potential applicant has examined all of the information
they may well wish to proceed with an application because they
strongly believe that the definitive map should be changed and that
they will be able to gather together enough evidence.
They should then ask the definitive map section for an application
pack, quoting the reference they have on previous correspondence.
The application pack will contain all the material that they need to
make a proper application. The pack includes amongst other things,
the application forms themselves, public path evidence forms and
guidance sheets for the witnesses.
The pack also includes instructions on exactly how to go about
making the application. Once the applicant has done all that is
required in the way of gathering evidence and serving notice upon
affected landowners he should send the completed application to the
county council.
What happens next?
The county council has twelve months to determine a properly
made application. During that time the definitive map section will
do a wide-ranging consultation and investigation exercise. As part
of this process, for example, summary of the user evidence will be
sent to affected landowners and they will be given the opportunity
to make comments. Subsequently any comments made by the landowners
may be passed to the applicant for their observations.
The application will be determined by the county council's rights of
way panel. This body meets four times a year and the meetings are
open to the public.
If the panel decides that an order will be made, the order will be
published at a later date. The order making process is in the public
domain and notices of the order appear on site and in the press.
There is a forty-two day period during which people may make
objections to the order. If objections are received, then the matter
has to be passed to the Department of the Environment, Food and
Rural Affairs. The Secretary of State for this central government
department will usually resolve the matter by holding a local public
inquiry.
If the rights of way sub-committee decides not to make an order then
the applicant has twenty-eight days to send an appeal to the
Secretary of State. Subsequently the Secretary of State may dismiss
the appeal or he may direct the county council to make the order. |
