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Definitive maps - the legal record

What is the Definitive Map?

Special maps have been drawn up so that walkers, riders, farmers and landowners may know which paths are public rights of way. The "definitive maps" show footpaths, bridleways, byways open to all traffic and roads used as public paths (soon to be replaced by restricted byways). If a right of way is shown on the map, that is conclusive evidence, in law, that the public have those rights. However, a right of way may have been omitted from the definitive map. For this reason, the fact that a path is not shown on the definitive map does not necessarily prove that the public has no rights over it.

Every definitive map is accompanied by a statement describing each right of way. The statement might define the position or width of the path, or give details of any conditions attached to the public's rights. These details are conclusive evidence in law.

It is the job of the highway authority to prepare the definitive map and statement for its area, and to keep it up to date.

Register of Definitive Map Modification Orders

Introduction

Section 53B(1) of the Wildlife and Countryside Act 1981 requires us to keep a register of applications made to surveying authorities under section 53(5) of the Wildlife and Countryside Act 1981 for orders to modify the Definitive Map and Statement.

Authorities now need to record all applications which have been made and not determined by the surveying authority under Schedule 14 of the Wildlife and Countryside Act 1981 before the "relevant date" of 31 December 2005, regardless of when the application was received.

The paper and electronic registers can be viewed at the Engineering Division, Lester House, 21 Broad Street, Bury, Lancashire, BL9 0AW during office hours. The electronic version can also be viewed by clicking the links below.

Register

(1) Cockey Moor

1. Copy of application and map:

Cockey Moor Application form (2 page 103kb pdf)

Cockey Moor map of the area (1 page 143kb pdf)

Cockey Moor map of the wider area (1 page 144kb pdf)

2. The intended effect of the application: To add a public footpath to the Definitive Map and Statement.

3. The location to which the application relates:

(i) Grid Reference – 773104 to 773107
(ii) Address of Any Properties on Which the Way Lies – Agricultural land.
(iii) Principle Settlements Nearest to the Way – Starling, near Ainsworth village and the towns of Radcliffe and Bury.
(iv) Parish, Ward or District in Which the Way Lies – St Andrews Parish, Radcliffe North Ward, Radcliffe District.

4. The applicants name and address: Currently withheld.

5. Date set for determination of the application: To be determined

6. Reference number: 2

7. Date on which the application was determined

8. The Authority's decision: To be determined

9. If the Authority's decision was to make the order has it been confirmed?

10. If the Decision was to not make an order, was there an appeal?



(2) Bowland Close, Bury

1. Copy of application and map

Bowland Close, Bury Application form (2 page 99kb pdf)

Bowland Close, Bury map of the area (1 page 107kb pdf)

2. The intended effect of the application: To add a public footpath to the Definitive Map and Statement.

3. The location to which the application relates:

(i) Grid reference – 772111 to 772110
(ii) Address of any properties on which the way lies – N/A
(iii) Principle settlements nearest to the way – Walshaw in the Borough of Bury.
(iv) Parish, Ward or District in which the way lies – Church Ward, Bury District.

4. The applicants name and address: Currently withheld

5. Date set for determination of the application: 23 May 2007

6. Reference number: 3

7. Date on which the application was determined:

8. The Authority's decision: To be determined

9. If the Authority's decision was to make the order has it been confirmed?

10. If the decision was to not make an order, was there an appeal?


(3) Coniston Close, Ramsbottom

1. Copy of application and map

Coniston Close, Ramsbottom Application form (2 page 98kb pdf)

Coniston Close, Ramsbottom map of the area (1 page 111kb pdf)

2. The intended effect of the application: To add a public footpath to the Definitive Map and Statement.

3. The location to which the application relates:

(i) Grid reference – 792175 to 793175
(ii) Address of any properties on which the way lies – 12 Coniston Close, Ramsbottom
(iii) Principle settlements nearest to the way – Ramsbottom in the Borough of Bury.
(iv) Parish, Ward or District in which the way lies – Ramsbottom Ward, Ramsbottom District.

4. The applicants name and address: Currently withheld

5. Date set for determination of the application: 1 August 2007

6. Reference number: 4

7. Date on which the application was determined:

8. The Authority's decision: To be determined

9. If the Authority's decision was to make the order has it been confirmed?

10. If the decision was to not make an order, was there an appeal?