Introduction
Anyone may apply to us to change the Definitive Map using a modification order. You may apply for a modification order to re-grade a public right of way or include an additional right of way on the Definitive Map. We are not obliged to provide a tarmac or stoned surface.
This web page sets out the procedure to follow to make an application.
Decide whether your application is for a footpath, bridleway, or by-way open to all traffic
- a footpath is for use by pedestrians only, it may have gates and stiles on it;
- a bridleway is for use by pedestrians, equestrians (horses and riders) and cyclists. It must not have stiles, unless there are also opening gates;
- a byway open to all traffic, it is used mainly by equestrians and walkers, it may be used by motor vehicles.
Apply to us for a modification order
You must have evidence to back up your application. We require a map, not less than 1:25,000 (2½" to 1 mile). You can also provide documents, photographs, old maps or statements from people who have used the pathway. The pathway must have had 20 years uninterrupted use.
- pdf file
- Evidence form[147KB]pdf file
Complete Schedule 7 and relevant evidence forms and return to Bury Council, Bradley Fold Depot, Unit 34, Bradley Fold Trading Estate, Bradley Fold Road, Bolton, BL2 6RS.
Notify the landowner or occupier
Complete Schedule 8 and send it to each landowner affected by your claim. If you cannot find the landowner, write to the Planning, Engineering and Transportation Services Officer detailing your investigation and we will direct you to address the notice to the "owner" or "occupier" of the land (describing it) and to affix the notice to some conspicuous object or objects on the land.
Let us know when you have given notice to all affected owners and occupiers
Complete Schedule 9 which lists the landowners notified, and return it to Bury Council, Bradley Fold Depot, Unit 34, Bradley Fold Trading Estate, Bradley Fold Road, Bolton, BL2 6RS..
What happens next?
When we have received all your completed forms, your application will be registered and you will receive a letter from us.
How long will it take?
Detailed investigations will not necessarily start immediately. Applications will be considered with reference to the Definitive Map Modification Order Applications List of Priorities detailed at the end of this page.
There is a backlog of applications to be dealt with.
You are entitled to approach the Secretary of State for the Department of the Environment if your application is not dealt with within 12 months, but you are advised to contact the Public Right of Way Officer first, to establish the reason for the delay. The Secretary of State can direct the Council to determine the issue within a given timescale.
The process
Detailed investigations are undertaken by a Public Rights of Way Officer. Each application involves consultations with landowners and occupiers. Witnesses may be interviewed and documentary research is carried out. When investigations are complete, the officer submits a detailed report with recommendations to the Authority's Planning Control Committee for consideration. You, and all landowners and occupiers on whom you served notice, will be advised of the Councillors' decision.
If the Council decides not to make a Definitive Map Modification Order then, within 28 days of receiving the notification, you may appeal in writing to the Secretary of State. You must also give written notification to the Council of your appeal. If the Secretary of State is satisfied, on appeal, that an Order should be made, then the Council will be directed to do so.
If a Definitive Map Modification Order is to be made, it will be done in accordance with the procedures laid down in Schedule 15 of the Wildlife & Countryside Act 1981. The Order will be sealed by the Council Solicitor and notice served on interested parties. It is then advertised on site and in the local newspaper and 42 days is allowed for any objection or representation. Should any be received and not withdrawn, then the Council must refer the matter to the Planning Inspectorate for determination. A public Inquiry may need to be held.
Statement of priorities for determining Definitive Map and Statement Modification Order applications
Highest priority
Those applications for which a Schedule 14 Direction has been issued by PINS giving a deadline for a decision.
High priority
Where the physical existence of the claimed path is under threat due to development or excavation, mineral extraction or similar and will not be reinstated.
Where development is impeded by uncertainty as to the status of the route. This only applies where planning permission for the relevant development has been granted and officers are satisfied that there is a genuine intention to implement the development immediately.
Where the sale of a property is impeded by uncertainty as to the status of a route. This only applies when officers are satisfied that there is a genuine intention to sell the property.
Medium priority
Where investigation of a claim would involve substantially the same area of land and/or evidence as a route currently under investigation, or about to be investigated, applications may be considered simultaneously.
Where the claimed route provides a high benefit to a significant number of users e.g. proximity to amenities where evidence suggests the route is well used and no alternative nearby route exists.
Where it is brought to the Authority’s attention that there are circumstances by which a significant number of witnesses are unlikely to be able to attend an inquiry if consideration of the application is delayed.
Low priority
All other applications – to be dealt with in chronological order dependent on the date it was received.
Where a higher priority application is received at a time when an application of a lower priority is being progressed and may have reached a stage where officer input is required to meet deadlines, a decision on the progressing of those applications will be made by the Head of Engineering.