General Election postal votes
If you have not received your postal vote for the General Election on 4 July 2024, please call us on 01305 838299 so that a replacement can be issued.
The definitive map of public rights of way can only be changed by legal order.
Under the provisions of the Wildlife and Countryside Act 1981, a modification order may be applied for by any person who wishes the definitive map to be amended by either the addition, deletion, upgrading or downgrading of a route. In addition, the accompanying definitive statement containing the particulars of a right of way may be varied. Claims can be based on usage (user evidence) and/or documentary evidence.
Anyone may apply to Dorset Council to modify the definitive map and statement of rights of way and we have a legal duty to investigate their claims, examine the evidence and, in the light of the evidence, decide whether or not the claimed rights exist.
Please note that this procedure is not used:
A DMMO may be used where:
Applications will be prioritised according to the following categories:
Priority | Category |
---|---|
1 | The application is supported predominantly by user evidence which may be adversely affected by lengthy delays |
2 | The application route will be adversely affected or lost due to development |
3 | Where, if recorded, the application route will provide significant public benefit e.g., the route is an alternative to using a busy road or forms an important strategic link |
4 | The application route is in the vicinity of another claimed route and will be affected by substantially the same evidence, such that it would be efficient to consider the applications simultaneously |
5 | The application is supported by historical documentary evidence only |
Applications which are supported by documentary evidence only, but where the landowner has not yet been formally notified of the application will remain in a separate queue pending completion. Notification must be served on the landowner by the applicant as part of the statutory application process. The Council can accept an application where notification has not taken place but is unable to start the investigation process until notice is served.
On receipt, each case will be prioritised in accordance with the above categories and will be added into the list in the appropriate position. Cases already received and prioritised may therefore move down the list awaiting investigation if subsequent applications are given a higher priority. Cases will be re prioritised on receipt of information which shows that the circumstances of the case have changed, such as a development being granted planning permission. Once prioritised, cases will be investigated when an officer with the appropriate experience becomes available.
Within each category applications will be dealt with in order of date of receipt. The Council will process duly made applications in order of the ranked priority at the time the case is started. Cases started and / or prioritised before the onset of the new prioritisation scheme will continue to be processed.
Decisions on prioritisation will be taken by the Definitive Map Team Manager.
If a public right of way is correctly recorded on the definitive map but there is a reason to move or delete the path you can apply for a Public Path Order (PPO).
If a public right of way is affected by a development it should be diverted or stopped up by a PPO. Where there are no planning issues and you want to move (divert) or delete (extinguish) a public footpath, bridleway or restricted byway on your land you can apply to Dorset Council for a public path diversion or extinguishment order.
It should be noted that, while the council has a power to process diversions, this is not a statutory duty and as such only limited resources can be allocated to it.
For more information or for an application form please contact The Definitive Map Team on 01305 224463.
You may either divert a public path onto another route elsewhere on your land or onto somebody else's land but you may have to pay them compensation. You will be responsible for the cost of any physical works involved in bringing the new route up to the required standard, for example the installation of gates or surfacing.
The new path has to be at least as convenient to the public as the old one. We also have to bear in mind the needs of nature conservation and of agriculture (which includes the keeping and breeding of horses).
A public path can only be extinguished if you can show that the path is not needed for public use. The Courts have found that where the public is using a path, even occasionally, then it is needed and an extinguishment order cannot be confirmed.
Do not be tempted to block a public right of way off so people cannot use it and then apply for an extinguishment. Temporary circumstances preventing or diminishing use of the path by the public are disregarded. 'Temporary circumstances' have been found by the Courts to include a building - the general rule is that if it can be cleared by a JCB, then it is temporary.
Processing an application for a public path diversion or extinguishment order costs £3,000. Adjacent paths that can be considered at the same time and included in the same order are charged at £2,000 per path.
The legislation allows us to delay confirming the order or referring the order to the Secretary of State (if there are objections) until you pay the invoice.
The administration charges (plus the cost of the first advertisement) are payable after an order has been made and advertised. A second invoice for the cost of the second advertisement will be sent after the order is confirmed and advertised in the local newspaper.
The Order will not come into effect until the Senior Ranger has certified that any work necessary to the new path has been completed and it is fit for public use.
You may be entitled to a refund where we: