Changing the definitive map

The definitive map of public rights of way can only be changed by legal order.

Definitive Map Modification Order (DMMO)

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:

• where you think it would be a good idea to have a public path in a particular place
• if you think that the path is not suitable for its current classification and should be changed
• if you think that the path is not needed for public use

A DMMO may be used where:

• there may be a path that is not shown that you and others have been using as a public right of way for years and may wish to have recorded
• a path shown with a particular description should be shown as a highway of a different description, for example where a footpath has been used for many years by horseriders and you wish to apply to have it recorded as a bridleway
• there is no public right of way over land shown in the map and statement of any description, or it is in the wrong place
• any other particulars in the map and statement require modification

Applying for a DMMO

• check the definitive map
• talk to the Definitive Map Team - we may be able to help with plans
• check our online Register of DMMO applications to see whether a claim has already been made for this route
• download the DMMO application pack and forms: DMMO application pack Feb 2022, DMMO Forms A B C D G Feb 2022,  DMMO user evidence form E Feb 2022, DMMO landowner evidence form F Feb 2022
• download Natural England guidance
• gather your evidence, both documentary and from users of the route - a separate DMMO user evidence form can be used by witnesses; DMMO user evidence form E Feb 2022
• complete the forms carefully, we will help if you have any questions
• identify all the owners and occupiers of all land to which the application relates (this includes anyone that has land next to the route in question and anyone who may have access along it)
• tell them that you are making the application by giving them a completed 'Form B' - the Notice to be sent to all occupiers and owners affected by the application
• send in your application to the Definitive Map Team
• we will deal with your application subject to our statement of priorities

Statement of Priorities for applications for Definitive Map and Statement Modification Orders

Applications will be prioritised according to the following categories:

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.

Public Path Order (PPO)

Diverting or removing a path

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.

Diversions - Section 119 of the Highways Act 1980

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 must link to the old path either directly or via another highway
• you cannot divert the whole path onto another highway - that would be an extinguishment

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).

Extinguishments - Section 118 of the Highways Act 1980

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.

Administration charges for Public Path Orders

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.

Other charges that might apply

• the advertising costs for dealing with the application - the legislation requires us to advertise the order in a local newspaper and then if the order is confirmed you must also pay the cost of advertising the confirmation (this varies with the newspaper and length of advert required)
• the cost of any works for creating the new right of way and bringing it into a suitable condition
• compensating anyone who is affected by your proposals

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:

• do not confirm an order where there are no objections
• do not send the order to the Secretary of State for confirmation, where there are objections, without first obtaining your consent
• make an invalid order