Changes to the Definitive Map
A summary of the mechanisms to change what's recorded on the Definitive Map of Rights of Way.
RoW professional David Goode comments -
The situation about changes to public rights of way is not very sensible and causes confusion amongst the public, councillors and some rights of way officers !!
Sorry this is quite long but it is as abbreviated as I could make it.
Parliament has recognised that the situation is silly so introduced a section in the CROW Act which when it takes effect will only add to the confusion, as is usually the case.
Until that time the following is a summary of the situation with regards changes to the rights of way network and consequent corrections to the Definitive Map and Statement (DMS).
Note: I use PROW to denote public right of way or Highway whether recorded on the DMS or the List of Streets or both or neither. HA80 s119 means section 119 of the Highways Act 1980, etc..
You will note that I refer to Surveying Authority rather than Highway Authority - in many instances these are the same council but not always. The Highway Authority is responsible for maintenance and enforcement whilst the Surveying Authority is responsible for the DMS. There are two processes which are almost completely separate.
- there is a legal event which results in a change to a PROW.
- the Definitive Map and/or Definitive Statement is changed
[1] The change to a PROW can be:
the route of a PROW being altered,
the PROW being stopped up in whole or part,
the status being changed,
the limitations to the rights being changed or
a new PROW being created.
Common examples include:
a public path order under HA80 s119 to divert a public Footpath,
stopping up of part of a road under HA80 s116,
conversion to a cycletrack under Cycle Tracks Act 1984,
authorisation of a gate on a Bridleway under HA80 s147,
adoption of a road by agreement with a developer under HA80 s38.
There are a huge number of different types of legal event under many different acts and they can be made by a court, Surveying Authority or a number of other bodies.
[2] Assuming the DMS was correct before the event in [1] took place, as soon as that change to the rights occurred the DMS became out of date. It is not true to say that it became incorrect because the DMS only purports to show the PROWs on a specified date (called the Relevant Date). In order to change the DMS to make it up-to-date or to correct errors or omissions (even to correct a typo, transcription error or slip of the hand) it is necessary to have a Definitive Map Modification Order (DMMO).
The sort of DMMOs that are used to record on the DMS changes resulting from public path orders, s116 stopping ups, etc. are generally known as Legal Event Modification Orders (LEMOs) - these differ from DMMOs to change the DMS because of historical evidence or user evidence in that they do not need to go through the advertising and consultation process. This makes sense as the process to change the rights has already been completed.
At this point the legal record becomes the DMS plus documentation of any legal events that have occurred since the relevant date of the DMS, i.e. the date at which it was fixed as being correct.
This is not very useful so most Surveying Authorities draw the effects of these legal events onto their maps and statements by hand and these are referred to as the Working Copies. In many authorities if you ask to see the Definitive Map you will actually be shown the Working Copy but it is worth checking with someone who knows. There is actually no automatic entitlement to see the Working Copy but you do have a right to see the DMS and copies of the Orders BUT .. this right is to see the Orders modifying the DMS and not the Orders (or other legal events) which changed the rights. I don't know of any authority which is sufficiently awkward or incompetent to show the Modification Orders to the public but not to show the Public Path Orders, etc.. but I bet there is at least one.
In short there are 3 possible states that a valid change to the PROW can be in:
[a] shown on the DMS because the change (e.g. Diversion) has been incorporated when the DMS was last published
[b] included in the bundle of Modification Orders that accompany the DMS and usually drawn by hand onto the Working Copy
[c] not yet subject to a LEMO but may be amongst orders accompanying the DMS and often drawn by hand onto the Working Copy
In all cases the change to the rights is in effect so driving a stopped-up byway is unlawful even if still on the DMS.
cheers, David Goode March 2003
PS Some legal events take effect immediately, e.g. authorisation of gate on Bridleway. Some take effect on the date specified when made, e.g. the date specified by a court. Some orders require to be made and then confirmed e.g. HA80 s119 diversions, before taking effect on a specified date. Some orders require to be made, confirmed and certificated e.g. TCPA90 s247 diversions. Evidential DMMOs modify the DMS after being made and confirmed, LEMOs modify the DMS the instant they are made
PPS For changes to ways not on the DMS the situation is the same, i.e. the change is still valid regardless of how it is recorded. However, if it is a road on the List of Streets (LoS) or County Road Map (or equivalent) the change can be made immediately and there is no prescribed formal procedure. This is because the LoS is not a record of Highway rights but a maintenance schedule.
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