The definitive map and statement
The definitive map and statement is a legal document and records the line and legal status of all recorded public rights of way. Public rights of way are highways over which members of the public have the legal right of passage across someone else's land.
If a public right of way is included on a definitive map, it is conclusive evidence, in law, that the public have the right of passage, even though there may not be any visible evidence on the ground that a right of way exists. The statement that accompanies the definitive map is a brief written description of the recorded public right of way.
The county council is responsible for preparing and maintaining the definitive map and supporting statement for its area.
Should you wish to inspect the definitive map and statement for Staffordshire, copies are available for inspection at:
- All district or borough council offices.
- Main branch libraries.
- Staffordshire County Council's Offices:
- County Buildings, Martin Street, Staffordshire, ST16 2LH.
- Rural County, 1 Staffordshire Place, Stafford, ST16 2LP.
Once a definitive map and statement is published, any amendments either to change the status of a route or to add or delete a path, can only be achieved by a definitive map modification order.
Any person having evidence to suggest that the definitive map is in error, can submit an application under Section 53 of the Wildlife and Countryside Act 1981 for the map to be modified.
There are four types of public right of way recorded on the county council's current definitive map and statement:
Public footpaths
Public Footpaths can be used for walking, running, by mobility scooters or powered wheelchairs.
Public bridleways
Public Bridleways can be used for walking, horse riding, bicycles, and by mobility scooters or powered wheelchairs. Cyclists must give way to walkers and riders.
Byway open to all traffic
Byway Open to All Traffic can be used by any kind of transport, including cars (but they’re mainly used by walkers, cyclists and horse riders).
Restricted byways
Restricted Byways can be used by any transport without a motor and mobility scooters or powered wheelchairs. There are only a few of these in Staffordshire.
The definitive map and statement is only conclusive as to the minimum public rights existing on a route. It may be that there are pre existing higher rights, as yet unrecorded.
In addition to the public's rights on footpaths and bridleways, certain people may have private rights, for example to drive motorised vehicles along a route.
Permissive paths
A permissive path, sometimes termed a concessionary path, is a route which the landowner permits the public to use, with the intention that it should not become a public right of way. Permitted paths should be seen as a supplement to the rights of way network, not as a substitute for rights of way, particularly if the definitive route is obstructed.
To ensure that the public does not acquire a right of way, it is advisable for a landowner to erect Notices to that effect. An example of such a notice is set out below:
"This path is private property and is not a public highway. Members of the public are allowed to use the path on the strict understanding that such use will not in any way constitute or contribute to the dedication of a highway under Section 31 of the Highways Act 1980, and that the landowner reserves the right to close it either temporarily or permanently at any time."
The landowner may wish to close the path at certain times of the year and remains responsible for the maintenance of the path, including its surface.
Public access is also sometimes allowed to land that is subject to a Countryside Stewardship Scheme. Such routes are administered by the Department for Farming and Rural Affairs, for further details see Countryside Stewardship Access Sites.
