Recording, changing and closing public rights of way

Landowners, including developers, Parish or District Councils, can also create a new right of way.

The Definitive Map and Statement (DMS) can be changed by the addition of a previously unrecorded right of way, by the upgrading, downgrading or removal of a right of way or by the diversion of an existing way. It is also possible to create new rights of way and also to extinguish existing ones.

Changes to the DMS are made by legal events following statutory procedures set out in the Wildlife and Countryside Act 1981, the Highways Act 1980 and the Town and Country Planning Act 1990, which regulate the making of such Orders.

Orders to modify the DMS to add unrecorded rights of way or upgrade, downgrade the status or remove an existing right of way, based on evidence that there is an omission or error on the map, are called Definitive Map Modification Orders.

Orders to modify the DMS by diverting or extinguishing an existing right of way, or creating a new right of way, are called Public Path Orders.

Creating a new public right of way

Landowners, including developers, Parish or District Councils, can also create a new right of way by entering into a Creation Agreement with the County Council. Owners can use a Creation Agreement to create a new right of way across their land or to access their development.

Before entering into an agreement with a landowner, the County Council will first require proof of actual land ownership and will also need to consider how the proposed route will add to the convenience or enjoyment of the public.

Creation Agreements are different from Creation Orders in that no public consultation is required to create a new route by agreement, whereas a Creation Order follows the same consultation procedures as a Diversion or Extinguishment Order. For further information please see the link to the guidance notes below.

The relevant legislation covering Creation Agreements is Section 25 of the Highways Act 1980.

Download guidance notes for creating new rights of way

Planning and rights of way

Planning permission does not alter any rights of way crossing the land. If a path needs to be diverted 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 will usually be processed by the District Council Planning Department.

The Countryside Access team must be consulted on any proposed development that affects a right of way.

Public path orders

The County Council has the power to authorise the making of Public Path Orders to divert, create or extinguish ('stop up') public rights of way. Anyone can make an application.

Diversion orders

Before the County Council will consider an application to divert a public right of way it must be satisfied that:

    The proposed diversion is in the interests of either the public, or the landowner or occupier of the land.
    The diverted route must not be substantially less convenient to use as the existing route.
    A diversion will not result in a negative effect on public enjoyment.

These preconditions are set out in detail in Section 119 of the Highways Act 1980.

Download guidance notes for Public Path Diversion Orders.

Extinguishment orders

Before the County Council will consider an application to extinguish a public right of way it must be satisfied that the path is not needed for public use.

The preconditions are set out in detail in Section 118 of the Highways Act 1980.

Download guidance notes for Public Path Extinguishment Orders.

Creation orders

Before the County Council will consider an application to create a public right of way it must appear to the authority that there is a need for the new path. The County Council must also be satisfied that the new path would add to the convenience or enjoyment for a substantial number of users or local residents.

The preconditions are set out in detail in Section 26 of the Highways Act 1980.

Download guidance notes for creating new rights of way

The Deregulation Act 2015

The Deregulation Act 2015 received royal assent on 26th March 2015. Part of the act concerns public rights of way and will take effect once the regulations and guidance have been completed. For further information, please see .

Traffic Regulation Orders (TROs)

These Orders may be used to prohibit certain kinds of traffic from rights of way which is considered unsuitable or inappropriate, e.g. prohibiting motorised vehicular use from a Byway Open to All Traffic to prevent damage to the surface of the route.

The relevant legislation governing Traffic Regulations Orders is Section 1 and 2 of the Road Traffic Regulation Act 1984.

Download: A list of Byways in ��ϲ��ͼ�� with TROs (PDF)

Highways Act 1980 Section 31 (6)

Enables landowners to deposit with us, a map showing the extent of their land, and a statement indicating the public rights of way that they recognise over it (if any).

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