Definitive map review

Introduction
The County Council have a duty under Section 53 of the Wildlife and Countryside Act 1981 to keep the Definitive Map and Statement of public rights of way in Shropshire under continuous review. This is to ensure that the Map and Statement is as up to date as possible.

In Shropshire this was undertaken on a District basis and then carried out parish by parish. However this has recently been amended to take into account the Discovering Lost Ways Project. There is a link on this page for further information about the Council's Review Policy.

Anyone can submit a claim to the Countryside Access Team to have the Definitive Map altered and this is either dealt with under the general parish Review or by way of a Formal Application. For further information on the Formal Application Process please follow the link on this page.

What is looked at under the Review
Under the Review the County Council looks at issues such as anomalies, for example where a footpath may join a bridleway or where a route has no legally recorded outlet. It also examines claims for routes to be added, deleted, a change in status or an alteration of the line of the path.

Types of Evidence
The main types of evidence examined under either the Review or when a Formal Application is made are either historical or user evidence. The County Council has specific evidence of use forms which have been designed to gain as much relevant information as possible on usage. Extensive historical map research is also carried out in Shropshire Archives in Shrewsbury. Documents looked at range from Inclosure Awards and Tithe Maps to old Ordnance Survey maps. There are links on this page to examples of some of the supporting evidence examined.

It should be noted that changes made by the Countryside and Rights of Way Act 2000 will mean that by the year 2026 no further claims based on historical evidence will be looked at. For more information on the 'Discovering Lost Ways Project' please see the Countryside Agency website.

In addition to this background information, local knowledge and photographic evidence is also taken into account.

Consultations
Whenever a claim or issue is being investigated consultations are undertaken with the landholders concerned (if known) and statutory consultees, such as user groups, the relevant Parish Council and other bodies. This enables all viewpoints to be taken into account, but the decisions made are based on the actual evidence uncovered.

Objecting to a Legal Order
As the Definitive Map is a legal document a legal order has to be published to make any changes. This is only done when it is considered that sufficient evidence has been found to warrant the change. Not everyone will agree with the proposals, therefore the legislation allows for objections or representations to be made. Guidance is provided upon publication on how to object to an order. If objections are made and not resolved it may lead to a Public Inquiry or Written Representations, which are dealt with by an Independent Inspector appointed by the Department of the Environment Food and Rural Affairs (DEFRA).