Public rights of way are recorded on a legal record known as the Definitive Map and Statement (DM&S) of Public Rights of Way.
- The Definitive Map shows the location and status of public rights of way.
- The Definitive Statement gives descriptions of the public rights of way, including any restrictions on its use.
They are historically important documents that record public rights of way across Wigan.
We:
- Modifying it to take account of any changes
- Keep the documents available for public inspection
- Investigate applications to change them
- Process legal orders to keep them up to date
Where can I see the Definitive Map and Statements?
The working copy is available for public inspection at the address below:
Wigan Council, Wigan Life Centre, College Avenue, Wigan, WN1 1NJ.
No prior appointment is necessary but you are advised to contact us beforehand to ensure that an officer will be available to assist with any queries you might have regarding the map.
Statements
Please be aware that there may be anomalies between what is recorded on the Definitive Map and Statement and what appears on the ground. Many of the descriptions detailed in the Definitive Statement were made in 1953 and may not indicate legitimate stiles or gates placed along a particular route.
Procedures for a Definitive Map Modification Order (DMMO) Application
The Definitive Map is the legal record of public rights of way in a given area. Because it is a legal record, changes or modifications can only be made to the map through a legal process.
The legislation which allows the map to be modified is the Wildlife and Countryside Act 1981. It enables public rights of way, such as footpaths and bridleways to be added to the map if there is sufficient user evidence (a minimum of 20 years continuous use) and / or historical evidence.
This legislation also enables an application for a public right of way to be deleted, status changed or modified. In this note, the emphasis is given to the addition of a public right of way:
- The initial procedures for an application are undertaken by those wishing to claim a route:
- A completed application form and plan must be sent to the Council
- Notice must be served by the applicant on all landowners potentially affected by the application. If there is unregistered land, then the Council must be notified, and arrangements made for on-site notices.
- Confirmation must be sent to the Council advising that landowners have been notified.
- Evidence must be sent; whether user and/or historical to the Council.
Once the Council has received the application and supporting evidence, it must be checked that it conforms to the legislation. This means a completed application form with a plan showing the claimed route, a landownership check, notice correctly served on landowners, and evidence forms correctly filled in by users accompanied with plans. If based on user evidence, a sufficient period of 20 years use has to be evident.
- Once confirmation of a valid application is made, the Council will then investigate the application and supporting evidence. It is then assessed and prioritised using a matrix, which considers: the value of the route, the quality of the evidence, other relevant factors and resource implications.
- When the application reaches the top priority, the application and submissions, plus any evidence opposing the application, plus any additional information are assessed and further investigations are undertaken. A detailed report is then written which will make a recommendation on whether or not to make an Order. The report is ultimately submitted to the Delegated Officer for consideration and signing off. If the Council fails to make this decision on an application within a 12-month period, the applicant can apply to the Secretary of State for the Council to be given a deadline to determine the application.
- Determination
- If the Council determines not to proceed with an Order, then all parties are notified, however the applicant does have the right to appeal this decision to the Secretary of State. The Council may be instructed to make an Order.
- If the Council determines to proceed with the Order, then Legal Services will be instructed to make the Order, which will include a period of public consultation, lasting a minimum of 42 days.
- Order Made and Consultation Outcome
- If there are objections to the Order, then the matter is referred to the Secretary of State, who will appoint a Planning Inspector to determine the outcome, often through a public inquiry. However, the Inspector can decide to resolve the matter through other means, written correspondence or meetings with relevant parties.
- If there are no objections to the Order, the Council can confirm the Order without any modifications, and the claimed route becomes a Definitive public right of way.
Useful Resources
Landowner Statement
Changes in legislation now allows landowners to protect their land from being recorded as Town or Village Green, thus bringing to an end the public’s recreational use of land “as of right”.
Under Section 15A(1) of the Commons Act 2006 a landowner can deposit a map and statement using Form CA16 to record from that date forth any public use of that land in their ownership is with permission and not “as of right”.
On receipt of such an application, this triggers a one year period where during which time an application may be submitted to the Council for a village green.
If you wish to make an application for either or both S15A(1), please complete the Form CA16 and submit this with a plan to:
Legal Services, Wigan Council, Town Hall, Library Street, Wigan, WN1 1YN
There may be a fee associated with the application.
Highway Statements and Declarations
Landowners can protect their land from additional public rights of way coming into existence through the public use for 20 years. Under Section 31(6) of the Highways Act 1980 a landowner can submit a map and statement using Form CA16 to record from that date forth that any ways, which are not already recorded on the Definitive Map and Statement; cannot be claimed as a public right of way, unless they have been used for 20 years prior to the application date.
For further details on the procedures please refer to the Statutory Instrument 2013 No. 1774. Defra have also produced some guidance on completing the CA16 Form all of which can be downloaded.
If you wish to make an application for either or both S31(6) please complete the Form CA16 and submit this with a plan to:
Public Rights of Way, Wigan Council, PO Box 100, Wigan, WN1 3DS.
There may be a fee associated with the application.
Registers
All surveying authorities are required to a keep a register of applications for Definitive Map Modification Orders (DMMO), Landowner Statements (S15A(1)) and Highway Statements and Declarations (S31(6)).