Definitive Map Modification Orders

The Definitive Map and Statement form the legal record of recorded Public Rights of Way. 

The appearance of a path on the Definitive Map is conclusive proof of its existence in law. However, the reverse is not true as the Definitive Map is a minimum record of Public Rights of Way. The fact that a right of way is not recorded on the Map, is not evidence that there is no right of way along that route – public rights may exist but have not been recorded.  Similarly, higher rights may exist along a route shown only as a Public Footpath or Public Bridleway, for example bridle rights over a Public Footpath.

The process

Anyone may apply for an Order to change the Definitive Map. An application is based on the applicant’s historical evidence and/or statements from people who have used a way. It is a legal process and for this reason the application forms need to be filled in correctly or they may be returned. The applicant also has to serve notice of their application on a landowner.

Once made, the application cannot be withdrawn. It is therefore recommended that anyone considering making an application first speaks with a public rights of way officer. This will include discussing the sort of evidence needed and the application process and timescales. This is an area of law which can seem quite complicated, and all applicants need to be aware that they may not be successful with achieving a decision to make an Order, or it may not be exactly what they wanted.

For further information on Definitive Map Modifications Orders and application forms, please contact a Definitive Map Officer in the Public Rights of Way team.  You can view online the agendas and minutes of the Highways and Transport Committee Browse meetings - Highways and Transport Committee Cheshire East Council. You can also view the Governments Planning Inspectorate pages for public rights of way see Object to a public right of way order.

The applications we receive are prioritised for investigation according to a Statement of Priorities Policy 2020 (PDF, 19KB), for which an Equality Impact Assessment has been completed. You can view the current register of Definitive Map Modification Order Applications online.

The process for Definitive Map Modification Orders (DMMOs), for which there is no charge, is summarised below:

1. Applicant gathers user and/or historic evidence and notifies landowner of claim
2. Application submitted and registered
3. Application prioritised on waiting list for investigation
4. Investigation
5. Consultation
6. Highways and Transport Committee decision
7. If approved, order is made and advertised
8. Objection period
9. Unopposed orders confirmed and advertised, opposed orders sent to Secretary of State for determination

Consultations are sent to Ward Members, Cheshire East Council internal consultees, Town, Parish and Borough Council, Utility Companies (whose services may run on or under a Public Right of Way), the Ramblers (national and local groups), Border Bridleways Association etc. Public notices are also placed on site, on this website, and in a local newspaper.

Every time a Public Right of Way is added, removed or changed on the Definitive Map, the Council notifies the Ordnance Survey so that the change can be shown on the next editions of digital and paper maps of the area, although this change may take a number of years to appear on maps in common use.

Current Definitive Map Modification Orders

Notice of Confirmation

Knutsford

• Parish of Toft  - addition of public footpath No 12 – notice of confirmation (PDF, 46KB)
• Parish of Toft  - addition of public footpath No 12 – order plan (PDF, 753KB)

Notice of order making

There are currently no notices to display.

Accessibility statement

To open PDF documents you will need to have adobe reader installed.

Because of the nature of public rights of way creation documents, it is not possible in all cases to make them fully accessible. Should you require assistance to access the data contained the PDF documents, please contact the Public Rights of Way team who will endeavour to provide assistance.