Applications to upgrade routes to byways open to all traffic

We have received a number of applications to upgrade routes, currently shown on the Definitive Map as bridleways or footpaths, to byways open to all traffic (BOATs). Under the Wildlife and Countryside Act 1981, anyone can apply to us to modify the Definitive Map and Statement.

• To add a right of way where it is shown to exist but not recorded on the Map
• To alter the status of a right of way
• To delete a right of way where it is shown to be included on the Map in error
• To record a width in the Definitive Statement

All available evidence is considered when each application is investigated. This includes evidence of use, submitted by the applicant, and historical documents.

After weighing up all the evidence, we will decide whether to accept or reject the application. If the application is accepted, this would be the start of the next stage in recording the routes as BOAT s. A Modification Order would be made and  would be open to objections, probably leading to a public inquiry. If the application is rejected, there is a right of appeal from the applicant to the Secretary of State. Thus, the whole process can take a considerable amount of time.

Following the commencement of the Natural Environment and Rural Communities Act 2006, applications will be dealt with under the new legislation. Where the evidence shows that vehicular rights have been acquired by non-motorised vehicles, such as horses and carts, the way would be recorded as a restricted byway. This effects only one application made to us. The others will be dealt with under the previous legislation.

Other applications will be investigated in due course and, when available, further information will be posted on this page.