The Definitive Map
- What is the Definitive Map and Statements
- How the Definitive Map was formed
- Continuous Review
- What changes can be made?
- Diversions
- Stopping Up
- Gating of Paths
- Temporary path closures - why and how
- Definitive Map Modification Orders
- Section 31(6) (Deposits) of the Highways Act 1980
- Public Rights of Way Registers including
- Register of 53(5) Definitive Map Modification Orders (53B)
- Register of 31(6) (Deposits) of the Highways Act 1980 (31A)
- A guide to Definitive Maps and changes to Public Rights of Way (CA142)
- Searches for Public Rights of Way on land prior to purchase
- Land ownership
- The Future - Online Definitive Map and Statements
What is the Definitive Map
Just like roads, Public Rights of Way are highways and are protected by legislation. Unless extinguished (Stopped Up) by legal means, they remain highways even if they are not recognisable on the ground, hence the legal maxim ‘Once a Highway, Always a Highway’. The National Parks and Access to the Countryside Act 1949 placed a duty on every County Council in England and Wales to draw up and publish a Definitive Map and Statement for their area.
The Definitive Map records the position and status of Public Rights of Way while the Definitive Statement is a description of each Public Right of Way shown on the Definitive Map. The statement sometimes records the width of a route, or describes any furniture such as gates and stiles on the route at the time of recording. Together they form a legal document and are maintained by the County Council. The Definitive Map and Statement is conclusive evidence for the paths it shows, but there may be other paths with public rights which are not shown.
How the Definitive Map was Formed
Click on the thumbnails or links below to see the enlarged maps. Note that the larger maps may take a short time to download due to the increased file size.
See an enlarged version of Barningham Village Ordnance Survey Map 1938-50 by clicking on the thumbnail above. The enlarged version of this map has a file size of 107 kb. Please note that the larger map may take a short time to download due to the increased file size.
See an enlarged version of Barningham Village original Definitive Map by clicking on the thumbnail above. The enlarged version of this map has a file size of 144 kb. Please note that the larger map may take a short time to download due to the increased file size.
See an enlarged version of Barningham Village 1979 review Definitive Map by clicking on the thumbnail above. The enlarged version of this map has a file size of 106 kb. Please note that the larger map may take a short time to download due to the increased file size.
Continuous Review
The Wildlife and Countryside Act 1981 requires that the Definitive Map and Statement is continually updated to incorporate the changes that have come about through legal orders. In County Durham, the first Definitive Map was drawn up in 1952 using information collected from surveys carried out by Parish Councils. It has been reviewed in 1957, 1962, 1967, 1972 (Special Limited review to reclassify all Roads Used as Public Paths to either bridleway or byway) and in 1979. The latter map is our current Definitive Map.What changes can be made?
Public Rights of Way on the Definitive Map can be changed, deleted and added, but the correct legal procedures must be followed. Other changes include recording paths on the Map where it can be shown that the route has acquired public rights, the dedication of new routes, and emergency path closures.Diversions
We deal with many applications for footpath diversions for a variety of reasons. The main ones are outlined below:- Highways Act 1980 Diversions
In almost all cases, the applicant must cover the costs of making the order (legal expenses, advertising of the legal notice etc) unless it can be shown that the diversion is overwhelmingly in the interests of the public, or if the applicant can prove hardship.
- Town & Country Planning act 1990
Stopping Up
This is when the applicant wishes the Public Rights of Way to be permanently Stopped Up or 'extinguished'. It is not a common occurrence because the legal requirements that must be met are very difficult to justify in most cases.Application Forms
You will need Adobe Acrobat Reader to view this information.In order to save unnecessary work, time and confusion, it is highly recommended that you speak to and obtain advice from the Public Rights of Way Officer covering your area before attempting to fill in any of these application forms. Public Rights of Way Officer area details can be obtained from the interactive map or by telephoning 0191 3833452.
The costs outlined on the forms are to be used only as an indication and an accurate estimate will be given during the application process.
Any application will be dealt with as soon as possible, however applicants should be aware that because of the legal nature and consultation processes involved, delays are common and sometimes protracted.
DCC/118.119.HA
– Application form, guidance notes and indication of costs involved for the extinguishment and/or diversion of footpaths and/or bridleways.
Sections 118 & 119 applications form.pdf (9 pages, 33 kb)
DCC/257TCP – Application form, guidance notes and indication of costs involved for the extinguishment and/or diversion of footpaths and/or bridleways affected by development. (Normally extinguishments or diversions affected by development will be undertaken by the District Council or who ever deals with the planning application.)
Section 257 application form.pdf (12 pages, 41 kb)
DCC/261TCP – Application form, guidance notes and indication of costs involved for the temporary stopping up or diversion of footpaths or bridleways for mineral workings.
Section 261 application form.pdf (12 pages, 41 kb)
Gating of Paths
Legislation introduced in 2006 enables the County Council to restrict public access to any public path by gating it on the grounds of anti-social behaviour as well as crime. More information can be found on the Alleygates in County Durham web page.Temporary Path Closures - Why and How
Durham County Council is the Highway Authority for all highway in County Durham (Derwentside, Chester-le-Street, Wear Valley, Durham, Easington, Teesdale and Sedgefield Districts) and is able to close roads, footpaths and public Rights of Way under the Road Traffic Regulation Act 1984.Section 14 (1)
- Allows for roads and footways (paths beside roads) to be closed for up to 18 months, and other footpaths and Public Rights of Way to be closed for up to 6 months. (See Application Form PROWC 02B below). These requests must be submitted 6 weeks prior to the closure being required.
Section 14 (2)
- Allows for a) Emergency Closures of up to 21 days (route must be inaccessible or dangerous for the public to use for an Emergency Closure) and b) Short Term or urgent closures up to 5 days in duration. (See Application Form PROWC 02A below). These requests must be submitted 2 weeks prior to the closure being required.
Section 16(a)
- Allows for temporary closures or other traffic regulation for events, but the event must be held on a road (or Right of Way). (See Application Form PROWC 03 below).
Approved closures are deemed as necessary for works and as such consultations with locals etc do not have to be undertaken. Objections to closures can be considered but not acted upon if we think the closure is necessary and is being undertaken and managed in the most effective manner.
Durham County Council needs a request in writing using the above forms detailing what is to be closed, why, when and for how long, together with any alternative routes. There should also be a plan showing what is closed, and an alternative route.
If there is any doubt that work cannot be completed within 5 days it is advisable that an Order (valid for up to 6 months for PROW's) is best choice.
Costs
An Emergency Notice and a Short Term Notice is a fixed fee of £170.DCC normally invoice for this amount once the closure has been approved.
Longer term closures are approximately £850 based upon a fixed fee of £300 plus the cost of 2 newspaper adverts (required by law) at approximately £275 each. Actual costs will be invoiced when known.
For further advice about Temporary Path Closures please contact Steven Galloway on 0191 3834109.
Application forms
Section 14 (1) - Application form to be used when applying for a Section 14 (1) 'longer term' temporary path closurePROWC 02B.pdf (3 pages, 28 kb)
Section 14 (2) - Application form to be used when applying for a Section 14 (2) emergency path closure
PROWC 02A.pdf (3 pages, 28 kb)
Section 16 (a) - Application form to be used when applying for a Section 16 (a) temporary path closure
PROWC 03.pdf (4 pages, 42 kb)
Definitive Map Modification Orders (DMMO's) or Claims
The Wildlife and Countryside Act 1981 allows anyone to apply to the County Council to make an order to change the Definitive Map and Statement if they believe the map is incorrect. These are called Definitive Map Modification Orders and can be made if evidence is found to show that:- A route that should be shown isn’t.
- A route that is shown shouldn’t be on the Definitive Map.
- A route is shown as having the wrong status (e.g. shown as a footpath instead of bridleway).
- A route is shown on the wrong line.
- A route should be more precisely defined (e.g. have it’s width recorded).
- This evidence may be historical (e.g. old maps, tithe plans, Enclosure Awards) and/or user evidence, where the public have been using the route uninterrupted for more than 20 years.
User Evidence Forms
The County Council will issue User Evidence Forms to anyone claiming a Public Rights of Way, but it must be shown that the route has been used by the public at large. We usually ask for a minimum of 6 forms to be submitted for any one route. It is recommended that before filling in any forms you speak to an Area Officer to discuss any prospective claim. User Evidence Forms are also available for download:PROW user evidence form.pdf (5 pages, 40 kb)
User Evidence can also be submitted On-line. Please Note: If you choose to use this form you will need to do some preparatory work in order to attach some kind of map or plan. This should be submitted in a commonly used file format such as .jpg or .png.
Once we have assessed the evidence forms, we will usually interview all claimants, and pass on the file to our Highways Solicitor for her comments. If there is felt to be overwhelming evidence for a Public Rights of Way to be added to the map (or if a path is ‘reasonably alleged to subsist’), we will recommend that the relevant Council Committee approves the proposal, and a DMMO will be made.
This is a very lengthy process, and we do have many ongoing claims to research. For this reason, we will prioritise those claimed routes that are obstructed.
Section 31(6) of the Highways Act 1980 - Deposit of Statement, Maps and Statutory Declaration
Section 31 (6) of the Highway Act 1980 provides a mechanism for landowners to acknowledge the existence of certain Public Rights of Way across his or her land and to prevent new Public Rights of Way being created by "presumed dedication". Presumed dedication is where new Public Rights of Way are created following use of the route by members of the public, usually for a period of twenty years or more.The mechanism will not prevent the "creation" of rights of way arising from twenty years of use where all that use was prior to the submission of the landowners statutory declaration, nor of rights of way whose existence can be proved by reference to historical documentation.
Advice on the legal procedures involved in making a section 31(6) deposit are outlined in the Rights of Way Review Committee Practice Guidance Notes 2 (7 pages, 116kb) and by consulting a solicitor, whilst general advice can be obtained by speaking to the Public Rights of Way area officer.
Public Rights of Way Registers
The Access and Rights of Way Section maintain Registers of formal applications for Definitive Map Modification Orders and Section 31(6) deposits made to the County Council. There are paper versions kept at County Hall available to the public for inspection, or electronic versions can be viewed by clicking on the link below to the Public Rights of Way Registers.Public Rights of Way Registers
A guide to Definitive Maps and changes to Public Rights of Way (CA142)
A very useful booklet produced by the Countryside Agency giving guidance and information about definitive maps - the legal record of Public Rights of Way - and the ways in which both those maps and individual rights can be changed is available free by visiting the Countryside Agency website or can be viewed from the following link. You will need Adobe Acrobat Reader to view this information.A guide to definitive maps and changes to public rights of way.pdf (35 pages, 186 kb)
Did you know?
The information on Definitive Maps is used by the Ordnance Survey to show Public Rights of Way on their maps, although they also show non-definitive paths as well. Because Definitive Maps are continually updated, your OS map may not show recent changes such as a footpath that has been diverted.Searches for Public Rights of Way on land prior to purchase
Whether you are thinking of buying a property or land in the County it is always a good idea to check if there are any recorded or claimed Public Rights of Way in the area just incase this would impact on any plans you might have. Normally your solicitor or agent should carry out this research for you, for which we will make a charge (currently £85 + VAT), but you can always request a check yourself. Please apply in writing along with a plan of the area of interest addressed to the appropriate Area Officer.Land Ownership
We are unable to supply information about the ownership of land other than to confirm any County Council interests. It is recommended that land ownership queries be directed to the Land RegistryThe Future - Online Definitive Map and Statements
New technology and advancements made possible by the use of Geographical Information Systems (GIS) make it possible to produce a new generation of Definitive Map, one that can be made available for viewing over the Internet. In 2003 a project was started to digitise the current paper based Definitive Maps held at County Hall with the aim of producing a new Definitive Map. It is hoped that this information will be added to the Durham County Council GIS - Online Mapping System.Once up and running it is hoped the benefits of having this information held digitally will significantly improve the use, planning and management of the PROW network and allow for any alterations to the network to be displayed as soon as they occur to anyone with access to the Internet.
Digitisation of the Definitive Map
Starting Point
- The paper-based 1979 review Definitive Map was originally digitised in approximately 1999. As it was digitised directly from the paper-based version (hand drawn) the existing shapefile now needs to be 'aligned' with the highly accurate digital base map used on the GIS - Online Mapping System (in this case "Mastermap®" produced by the Ordnance Survey). Numerous alterations (diversions etc) that have occurred since the original shapefile was created also have to be corrected, including the Ordnance Survey - Positional Accuracy Improvement (PAI) program.
Process
- Digitisation is being undertaken on a parish-by-parish basis. A process has been adopted, checking various editions of the Definitive Map, old editions of Ordnance Survey maps, aerial photography and the description of where Public Rights of Way are recorded as going from the Definitive Statements. It also involves taking into account any modification orders that have taken place, including diversions, creations and stopping up.
Outcome
- Once fully digitised it is hoped that at some point in the future that a up to date, 'real time' version of the Public Rights of Way in County Durham will be made available for viewing to members of the public from the DCC website (for legal reasons at a restricted scale - still to be determined i.e. 1:10000 or 1:5000).
See an enlarged version of The Future Digitised Definitive Map. The enlarged version of the map has a file size of 53 kb. Please note that larger version of the map may take a short time to download due to the increased file size.
We are also taking the opportunity to recheck the existing Definitive Statements and updating them where necessary. It is hoped that the Definitive Statement for each of the Public Rights of Way may also be made available in a pdf format similar to the following example.
Example Definitive Statement.pdf (1 page, 8 kb)
We are also using this opportunity to help identify any obvious obstructions shown on the aerial photography, such as new housing developments, farm buildings etc. These will be investigated in due course.
