Changing the Definitive Map

The Definitive Map can be changed if evidence is discovered which proves that it does not correctly record the rights of way network.

Changes to the network (Based on Evidence)

Anyone can apply to have the map amended. The most common reasons for an application are:

• to show a path as a right of way of a different type
• to add a public path not shown on the map and
• to delete a path
• to change the line of a path

The changes referred to above are usually looked at under the Review Process or by way of a Formal Application.

To apply for an amendment you must first:

• have evidence which supports your claim that the map should be changed
• serve notice on the owner of the land affected by your application

Please be aware that, due to the number of applications currently outstanding, we will not be able to process your claim immediately.

The Definitive Map can also be changed where an alteration would benefit the public, landowner or tenant. In this instance if the change is made in the interest of the landowner or tenant a charge is made.

Changes to the network (Preference)
Sometimes it is expedient to change the route of a right of way or, very occasionally, to close it permanently.

These changes can only be made by legal orders, which are advertised on site and in local papers so that the public has an opportunity to participate and comment on the proposals.

• find out how paths can be diverted
• find out how paths can be extinguished
• find out how new paths can be created

Changes can also come about through the planning process, for example a footpath may require diversion to allow for a housing development.

Sometimes, changes to the network are only temporary. For example a path might be temporarily closed if it is undergoing repair, or development work on adjoining land causes a risk to public safety.

In order to manage a right of way for the benefit of its users, an order can be made to prohibit its use by certain types of traffic. This is most commonly made to prevent use of an un-surfaced path by motorised vehicles during a programme of repair. These routes will be clearly signed on site.

Diversions
The Council may authorise the diversion of footpaths and bridleways if it is in the interests of the owner or occupier of the land, or in the interests of the public under Section 119 of the Highway Act 1980.

The diverted route should be no less convenient to use than the existing route and should not adversely affect the public's enjoyment of the path as a whole.

Distance, views, gradient and accessibility are relevant in deciding whether a diversion should be made.

The planning authority, Shropshire Council also has the power to make diversion orders when rights of way are affected by development under the Town and Country Planning Act 1990.

Extinguishments
A right of way can be extinguished only if it can be proved that it is not needed for use by the public.

Extinguishment orders are made very infrequently and are difficult to progress because the council have to be satisfied that the path is not needed for public use.

If you are considering applying for an order we recommend that you first speak with our Public Path Orders Officer.

The Planning Authority which is now Shropshire Council also has the power to make extinguishment orders when rights of way are affected by development.

Creating new Rights of Way
We may receive offers from landowners of dedications and will accept new rights of way by way of agreement which will be to the benefit of the public.

Once the dedication of a path has been accepted by the Council the route will be put on the Definitive Map as a definitive route. The council will then become responsible for the signing and maintaining of the path.

Where it is not possible to obtain the voluntary dedication of a right of way for which there is a proven need, the Council has the power to create a new right of way even if it is against the wishes of a landowner (Creation Order). Compensation may be payable to those owning the land over which the right of way is created.

Planning and Rights of Way
The grant of planning permission does not alter any pre-existing rights of way crossing the land. If a path needs to be moved or extinguished for development to take place, a legal order must be made under the Town and Country Planning Act 1990 before development is completed.

This order will be made by the appropriate Planning Authority which in Shropshire's case is Shropshire Council.

The Rights of Way section must be consulted on any proposed development that affects a right of way.

Temporary Closures
Public rights of way should be always be open and available for use by everyone. However, some rights of way may be closed for short periods to allow work to take place on, or next to a path, or to protect public safety.

Rights of Way must not be closed or restricted without our prior consent. If you are intending to undertake works that may affect any public right of way,or want to find out which rights of way are currently closed contact the Access Enforcement Team Leader.

Traffic Regulation Orders
These may prohibit use of a right of way by a particular type of traffic. They are most often used to prevent use of an unsurfaced lane by motorised vehicles, where such use is unsustainable or inappropriate. Notices will be displayed on paths affected by these orders.

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