Claim to Delete a Right of Way from the Definitive Map and Statement

GUIDANCE NOTES

FORMAL CLAIM TO DELETE A RIGHT OF WAY FROM THE DEFINITIVE MAP AND STATEMENT

WILDLIFE AND COUNTRYSIDE ACT 1981

1.  The Definitive Map and Statement are conclusive legal documents regarding the existence, status and location of public rights of way. The onus is on the applicant to show that the Map is wrong, not on the County Council to show that it is right.

2.  Obtain evidence in support of the claim. The most important evidence, from the applicant’s point of view, is that evidence which the County Council will not be able to discover for itself, i.e. evidence from local people who have personal knowledge of the route. This should take the form of written statements from witnesses. Other supporting documentary evidence may come from maps and plans (e.g. 1950s Parish Survey in preparation for First Definitive Map and Statement, Parish Minutes, Statutory declarations, private deeds, Ordnance Survey maps). This evidence must be clear and convincing, in order to satisfy the County Council that the path shown on the Definitive Map is not in fact a public right of way.

For the claim to succeed, it will be necessary to prove that the route was added in error during the compilation of the Definitive Map and Statement in the 1950s, or during the process when it was claimed, if later.

3.  Complete Schedule 7 - the application to amend the Definitive Map.

4.  Complete Schedule 8 to confirm your ownership of the land over which the path runs. Serve Schedule 8 on other landowners if they are affected.

5.  If you are the sole landowner, there is no need to complete Schedule 9.

6.  Return Schedules 7, 8 (and 9) with copies of all your supporting evidence and a clear map extract showing the complete route of the claim to:-

The Definitive Map Manager, Rights of Way and Access, Resource Management, Suffolk County Council, Endeavour House, 8 Russell Road,

Ipswich IP1 2BX

For further information, please refer to the downloadable booklet, `A Guide to Definitive Maps and Changes to Public Rights of Way - 2008' and/or contact the Rights of Way and Access Team who will be pleased to assist: email: telephone: 01473 264774.

12/08/2015