Plymouth's definitive map and statement

Our public rights of way (PRoW) network is an important part of everyday life. These paths give people access to schools, jobs, homes and local services. They also allow people to see the parts of Plymouth that can't be visited by roads. People use these paths every day to visit friends, to get to the shops and to enjoy the outdoors and the link they create between Plymouth's life, history and landscape make public rights of way one of the city's most important recreational resources.

In the world of public rights of way the definitive map is one of the most important documents as it is the legal record of the public's rights. The information in this area of the website is focused on Plymouths definitive map and statement. You will also find information on our duty to keep it under review.

If you have any queries not answered below please feel free to contact us.

• What is the definitive map and statement?
• Background to Plymouths definitive map
• Continuous review
• How to access the definitive map
• Making changes to the definitive map and statement

What is the definitive map and statement?

The definitive map is the only legal record of public rights of way. The existence of a route on the definitive map is conclusive evidence of the route and status of a public path unless there has been a legally authorised change. The definitive map is accompanied by a statement, a description of the path in question. Where a statement defines the minimum width of a path or records a limitation (gate, stile etc) then that information is conclusive evidence. However the content and therefore the value of individual statements may vary.

Whilst the definitive map is conclusive evidence of the existence and status of any public rights of way shown upon it, the reverse is not necessarily true, which is to say that because a way is not recorded upon it does not necessarily mean that public rights do not exist over it. This is the same case with the accompanying statement.

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Background to Plymouths definitive map

The former rural districts of Plympton and Plymstock within the current Plymouth City Council area are covered by the definitive map and statement of Devon County Council. This was drawn up in preliminary draft form in 1950, based on paths put forward by the then Parish Councils. After following the statutory procedure the definitive map and statement was published and put on deposit in 1962.

The area of the old Plymouth Borough Council was not included in the area covered by the Devon County Council's definitive map and statement as under the National Parks and Access to the Countryside Act 1949, Councils were able to exclude any part of their area that appeared to be so fully developed that a survey would be inexpedient.

In February 1983 this situation changed. Many areas of the country (including Plymouth) previously excluded from the original survey became subject to the Wildlife and Countryside Act 1981 which now required Devon County Council to prepare a definitive map and statement for the former Plymouth Borough Council area. However, Devon had by this time prioritised its funding towards the rural areas of the County and as a result no definitive map was prepared.

It is for this reason that there was no definitive map when we became a Unitary Authority and took over from Devon County Council on 1 April 1998. As we no longer had the option to exclude built up areas work begun on preparing the Plymouth definitive map. In the absence of a comprehensive survey Plymouth was considered to have a blank map and statement until such time as the first legal order was made. Research into ways believed to be public began in 1998 and we confirmed our first legal order in July 2002. Since then there have been a number of legal orders which have altered the definitive map. These changes are reflected in the current definitive map and statement which came into being on the 1 August 2006.

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Continuous review

As we are the surveying authority for the purposes of looking after the public rights of way network we have a duty to keep it under continuous review. For most authorities this means updating the map to show the changes made by legal orders. Our map however only covers Plympton and Plymstock as the rest of Plymouth was never surveyed. Because of this we have decided that our continuous review will take the form of a citywide assessment of those routes believed to be public paths but are not currently shown on the definitive map. The review will take place on a ward-by-ward basis starting in the North West of the area and spreading across the city.

The review of each ward will begin with a desktop survey. We already have a large number of routes identified through various means and these, along with any additional routes, will form a draft proposals map which will be the subject of detailed consultation with locals and user groups. The consultation on the draft map will seek to gather evidence as to use of the ways shown and also to identify routes not already included.

Following consultation we will undertake research into each of the proposed routes and produce a proposals map identifying the routes to be carried forward. This map will again be subject to community consultation and following this work will begin on having those routes added to the definitive map.

How to access the definitive map

The definitive map of public rights of way is held at the Civic Centre in Plymouth. This can be inspected at any time during normal working hours 9am to 5pm by visiting the First Stop Planning Reception. If you wish to discuss any aspect of the definitive map and statement with an officer an appointment must be made before you visit. This is necessary to ensure that a member of staff is available to assist. Please contact us to arrange an appointment. The definitive map and statement is also available for inspection at Plymstock, Plympton and Plymouth Central Reference Libraries.

The definitive map is a public document and as such can be viewed free of charge. You may copy, trace or sketch the details of the map as you wish. You can also buy an extract from the definitive map. Extracts cost £15 for an A4 copy and £25 for an A3 copy. You can purchase a copy at the First Stop reception at the Civic Centre or alternatively you can contact us direct.

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Making changes to the definitive map and statement

Whilst the definitive map is conclusive evidence as to the existence and status of any public rights of way shown upon it the reverse is not necessarily true, which is to say that because a way is not recorded upon it does not necessarily mean that public rights do not exist over it or indeed that a higher status may exist for a route already recorded. If you believe the definitive map is wrong (in that it is not an accurate record of the publics rights in some way) you can apply for a definitive map modification order. You may wish to apply for a modification order to:

• add a route to the map that is not already recorded if you believe the route to be a public path
• change the status of a path already recorded ie upgrade the path from footpath to bridleway
• delete a path that you believe to have been added to the definitive map in error
• change the minimum width of a path as recorded by the definitive statement
• alter the route of a recorded path if you believe it to be incorrect

Modification orders are about evidence that public rights exist and the status of these rights in order that the definitive map and statement show the correct information. No weight can be given to the desirability or otherwise of any specific route. Likewise the health and safety of those who might use the path, the effects of that use and any nuisance (loss of privacy etc) it may cause are irrelevant.

We are obliged to consider any evidence put before us and we provide an application pack for you for this purpose. We can provide advice and a degree of guidance during this process but it should be noted that the same level of advice and guidance will be given to those wishing to challenge or oppose any application. Evidence that might be submitted with a modification order application could include user evidence (signed statements from users of the claimed route) and/or documentary evidence (tithe maps, inclosure awards etc) which you feel supports your claim.

A valid modification order application will be considered by a panel of Plymouth City Council's elected members. They will make a decision based on the probability of the existence, or not, of public rights and this will determine whether an order is made. If made, the order will be advertised and consultation undertaken. Any representations received will be considered. If the order receives no objections it will be confirmed. If outstanding objections are received the order will be sent to an inspector for determination. An inspector will usually hold an inquiry after which they may confirm the order, confirm the order with modifications or not confirm the order.

An application for a modification order incurs no charge upon the applicant and the necessary application forms are available from the Council’s Rights of Way Officer.

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