Making changes to the Definitive Map and Statement

Changes can be made to the map most commonly by Modification Orders and Public Path Orders.

Modification orders

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

If the path is not recorded as a public right of way it can be claimed as a public right of way if there is evidence that public rights have been established. After 20 years use of a way by the public, the way is deemed to have been dedicated as a public right of way unless there is sufficient evidence that the landowner did not intend that it should be so. The way must have been used without interruption and without permission of the landowner. You can make an application to record the path as a public right of way, and the Definitive Map team will investigate the evidence. Anyone may apply to us for a modification order to be made. Please read the notes before submitting an application.

A landowner may also dedicate a public right of way by means of a Creation Agreement. Please contact us for further information: The Definitive Map Team, Rights of Way, County Hall, Aylesbury, HP20 1UY. Telephone: 01296 382171.

Public Path Orders

To divert an existing right of way where this is in the interests of the applicant or of the public as a whole and the new route is not substantially less convenient for users
To extinguish an existing right of way where it can be shown that the right of way is no longer needed for public use

It is an offence to physically divert or close a path, even temporarily, without lawful authority and anyone who does so runs the risk of action being taken against them. A diversion or extinguishment of a public right of way can arise only out of legal action by either a local authority, magistrates court or a government department or through an Act of Parliament.

The process of diverting or closing a right of way is a public one, and is designed to ensure that the public are made aware of the change that is proposed and that anyone who wishes to do so has the opportunity to state their views and have them taken into account before a final decision is made.

Consequently the process of diverting or closing a right of way is lengthy and may involve considerable expense. There is a charge for making diversion orders. Anyone contemplating applying for a public path order should consult with the rights of way officer for the area. You can apply online for a diversion or extinguishment but make sure you consult with a rights of way officer first. You will be expected to cover our costs in processing any application. These costs are:

£100 non-returnable deposit (to cover initial consultations)
A further £1075 when (and if) an Order is made
The actual cost of associated newspaper advertisements (one advertising the making of the order and a second one to notify the confirmation of the order (if the order is confirmed))

Under the Countryside and Rights of Way Act 2000 it is possible to divert footpaths for up to 14 days to allow agricultural operations with the consent of the County Council and provided an alternative route is well signed and advertised at least 7 days earlier in a local newspaper. Your local Rights of Way Officer will be able to provide more information.

Sites of Special Scientific Interest Diversion Order (SSSI)

SSSIs conserve and protect the best of England's wildlife, geological and physiographical heritage. We may make a SSSI Diversion Order where public use is causing or is likely to cause significant damage to flora, fauna, geological or physiographical features by reason of which the SSSI is so designated. Only English Nature may apply for orders under this legislation.