How can I get the definitive map changed?
The definitive map of public rights of way can only be changed by legal order.
Type of Public Path Legal Orders
If a public right of way is correctly recorded on the definitive map but there is a reason to move or delete the path you can apply for a public path order. Public rights of way can be diverted or extinguished in the interest of the public or the landowner. New paths can also be created by public path order, usually by agreement with the landowner.
There are several ways to change the current paths on the Definitive Map.
If a member of the public can prove 20 years, free and unhindered use, as of right without any steps by landowner to deny access then there is a presumed dedication by the landowner permitted public use.
The member of the public can apply to the Highway Authority to claim the path under Section 53 of the Wildlife Countryside Act 1981, as applied to Section 30 Highways Act 1980
Under a Creation order, the Council has powers to identify a right of way, and recompense the landowner
(i.e. Wales Coast Path). Landowners can dedicate land, which can then be used for highway. Sometimes this may happen in-house
(i.e. Parks/Housing may transfer a path to highways to use as a public maintainable highway).
A footpath or bridleway alignment may be altered by a Diversion Order. This is usually applicable where there is a planning application and a more desirable route is preferred by users. Only Landowners are able to apply for a Diversion Order and the Highway Authority has to agree to the new alignment as an improved and equally commodious route.
There are various ways Highway can be extinguished and below are the more common legal orders used but in all cases Highway should not be extinguished by the Authority where someone gains material benefit.
There are various ways Highway can be extinguished and below are the more common legal orders used but in all cases Highway should not be extinguished by the Authority where someone gains material benefit.
In all cases, without exception this is the legal route for change of use of highway that applies to individual householders or businesses. It is a condition of Planning and administered by Welsh Assembly Government and ensures the Highway Authority cannot be seen to fail in its legal duty under Section 130 to keep highway open and safely maintained.
The Highway Authority is required to go to Magistrates Court to represent the case of the stopping up of highway.
Definitive Map Modification Orders (DMMO)
Any of the confirmed legal orders, as listed above, will require a DMMO to physically update the Definitive Map to show the change. The Rights of Way team are going to produce a new up-to-date Definitive Map every 2 – 3 years depending on the number of changes that have occurred.
Application Forms
If you would like to request an application to change the Definitive Map (i.e. creation of a new path, diverting an existing path, etc.) please request one below.
*Changes to paths due to a development will be dealt with separately through the Planning Application Process.
The details you provide in this form will not be used for any other purpose.
Request It