Applications and how to make them

The Register of Applications

This is the Register of Applications made to change the Definitive Map and Statement. The A-Z includes copies of investigation and decision reports and orders.

 

Landowner deposits

Landowner deposits can be made preventing rights from accruing across land under section 31(6) of the Highways Act 1980 and section 15A of the Commons Act 2006.

The Definitive Map and Statements can only be changed by legal order.

Diversion, creation, extinguishment and modification applications

There are two main ways to divert paths:

• Landowners can apply to divert paths across their land, but the alternative route should not be less convenient to the public
• Developers must apply where their proposed development would affect the line of a public right of way

Paths can be created by agreement or order if there is a need for a new route.  They can also be extinguished, but the legal tests are difficult to meet.

Anyone can apply to the county council for an order to change the Definitive Map and Statements if these are incorrect. These are called Modification Orders.

Removal of obstructions from highways

Anybody can make an application under s130A of the Highways Act 1980 to ask the County Council to remove an obstruction.

Repair of damaged surfaces

Anybody can make an application under s56 of the Highways Act 1980 to ask the County Council to repair a damaged surface.

Structure authorisations

Landowners may apply for authorisation for gates and barriers.

Traffic Regulation Orders (TROs)

Applications can be made to temporarily close a right of way so that works can be carried out, for safety reasons, or to prevent damage to the surface.

Common Land and Town and Village Green Applications

See our forms and guidance.

The timescale for processing applications, that can be made to the Countryside and Rights of Way Service, varies depending on the type of application.

Applications to authorise structures or for temporary traffic regulation orders will be dealt with promptly / as required.

If there is a problem with a path being obstructed, an application can be made to the Magistrates Court to remove the obstruction.  Legislation sets out the timescales for this process.

Applications to change the legal record, or landowner statements will be logged within 28 days, as required by legislation.  However, investigation of applications requiring changes to the legal record will not be dealt with instantly as there is a waiting list, which is dealt with according to council policies. 

Investigation of these cases requires public consultation, making and advertising orders and if objections are made, the involvement of the Planning Inspectorate.