The Surveying Authority can make a Definitive Map Modification Order (DMMO) whenever it discovers new evidence which requires the map to be amended. But in addition to this, any person may apply to the Surveying Authority for a DMMO to be made. Landowners may, for example, believe that a path recorded on the Definitive Map is not public, or that a public right of way is shown on the incorrect line or has the wrong status. Likewise, there are often cases where paths not recorded on the Definitive Map actually exist on the ground, and may have been openly used and enjoyed by the public for a considerable time. In such cases there may be a basis for that route to be added to the legal record, if public rights have been established.
Whoever seeks a DMMO, the same basic principle applies. The most important of these is the need for factual evidence and whether or not public rights exist. There are two main types of evidence which applicants should seek when making an application – evidence of use and/or documentary evidence such as historical maps and records.
Within 28 days of the receipt of a valid DMMO application The Council will prioritise determinations by date of receipt however, applications may receive higher priority if one or more of the following apply:
- The good use of public resources.
- The degree of public benefit.
- Obstruction of the route.
- The likelihood of the land over which the route runs being developed.
- Clarity of the evidence submitted.
- Where a substantial proportion of the user witnesses are elderly.
- Expediency in order to facilitate the resolution of rights of way.
- The availability of nearby alternative routes which offer the user a similar or enhanced experience to the claimed route.
Under schedule 7 of the Wildlife and Countryside Act 1981 you can apply to make a modification to the Definitive Map. If you wish to apply for a modification order please follow these steps:
- Download and complete the application form for a modification order.
- Download and complete the notice to notify a landowner of an application to modify the Definitive Map and serve on the landowner (if the landowner is not known, the completed form may be erected either end of the route claimed).
- Following service of the notice, you must download and complete the certificate of notice form.
- Submit the application form to the Senior Rights of Way Officer, the certificate of notice and supporting evidence.
- We will acknowledge receipt and will contact you regarding further developments.
Notes on evidence
- The enclosed evidence statement forms may be distributed freely and should be completed in every case as fully as possible. The attached map should indicate the route referred to on the form.
- All documentary evidence referred to should be identified by a source reference to allow it to be verified by Council officers.
- An application will not be considered unless it is supported by evidence. The Council may, however, undertake additional research in respect of the application.
Last updated: 23/09/2021 15:09