Request a change to a right of way's legal record

The Definitive Map and Statement is a legal record of the public’s rights of way. If a footpath or a bridleway or a byway is shown on the map then that is conclusive evidence of public rights along it (unless there has been a legally authorised change). However, the map may not show all the public’s rights along a way, or there may be rights which are incorrectly recorded.

The Definitive Map and Statement can be changed if evidence of missing rights of way is discovered, or if there are errors in previously recorded information. Anyone can ask the Lancashire County Council to consider changing the map. There is a specific procedure to follow which is summarised below. Advice is available from the Public Rights of Way team to help you with your application.

The first step is to check your facts. What does the Definitive Map & Statement show in the area you are interested in? This information can be obtained from the Public Rights of Way team. If you then think that the map is wrong in any way you can contact the Public Rights of Way team and a member of staff will discuss what your options are. One of these may be to ask the county council to change the map by means of a Definitive Map Modification Order - a DMMO.

If you wish to ask for a DMMO to be made, the county council has produced an application form for you to fill in. Before you send the form back, you will need to gather evidence in support of your case. Depending on what your application relates to, you may need to look at old maps and plans in local libraries or the record office, to collect evidence of use of the path over a long period of time or to talk to local residents and landowners. 

After Lancashire County Council has received an application we will tell you whether it is 'duly made', i.e. in accordance with the legislation. If it is not we will still consider it but we can advise you about this as you may wish to ensure it is duly made in order that you have a right of appeal. The process is not straightforward but is summarised as follows:

• The only way that the Definitive Map and Statement can be modified is by a Definitive Map Modification Order.
• In Lancashire County Council the decision whether to make a Definitive Map Modification Order can only be made by the Regulatory Committee.
• The decision by Regulatory Committee is taken by consideration of a report prepared by officers taking into account any applications and all other relevant evidence.
• A report is considered by Regulatory Committee either because of an application or because of 'the discovery of evidence' by the Surveying Authority (Lancashire County Council).
• Discovery of evidence may or may not result in a report but an application for a Definitive Map Modification Order must result in a report to Regulatory Committee.
• The report will contain a recommendation(s) to accept/reject any application and to make/not make a Definitive Map Modification Order, it depends on what the evidence shows.
• Regulatory Committee does not have to follow the officers' recommendations but does have to make a decision according to the evidence.
• Where a Committee Decision followed an application (if the application is duly made and the applicant had certified that they had notified all affected landowners) the applicant [A] has a right to have the Committee decision within 12 months and [B]  has a right of appeal if the decision is not to make an Order applied for.

Contact

Email: prow@lancashire.gov.uk