Modifying the Definitive Map
All registered Public Rights of Way are recorded on the “Definitive Map and Statement of Public Rights of Way”. This is a legal document, so any alterations or modifications to the map or statement can only be made with a legal order.
Diverting or Extinguishing a Route
To divert or alter the line of a route, the applicant (usually the landowner) must be able to provide an equally commodious alternative route. If an extinguishment is required, the applicant must be able to prove that the route is not necessary for the public to use, now or in the future A member of the Access Team will meet the applicant on site to discuss the suitability of the proposed route or an extinguishment and provide the relevant application forms. There is usually a charge to cover the costs of processing these legal orders.
Claims to register New Public Rights of Way
It is possible to register new routes as “Public” and add them to the Definitive Map. These are often routes that people may have used for many years but were not included on the Definitive Map and Statement in 1967. If the publics right to use the route is brought into question, by it being blocked for example, there is a legal process the Access Team can follow to see if the route should be added to the Definitive Map.
To add a new route, an applicant must be willing to obtain and provide evidence that the route has been continuously used by the public, usually in excess of 20 years and without any hindrance by the landowners. The Access team will provide advice on proceeding with any claim and will meet the applicant on site to look at the route. Because adding a new route to the rights of way network is a benefit to the public there is not a charge for processing this order.
Temporary Prohibition Orders
These are diversions or closures of a route that are required to keep the public safe whilst works are being carried out on or around a public right of way. The maximum time period for a temporary order is 6 months; should an applicant require an extension to this period, they will need to make an application to the Welsh Government. There is usually a charge to cover the costs of processing these orders.
If you are interested in registering a new right of way or wish to divert or extinguish an existing one please contact the Access Team for advice.
Last Modified: 05/12/2018
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