The definitive map and statement for public rights of way

The definitive map and statement incorporate all public rights of way that have been recorded in the area, along with a description. It is conclusive evidence, at the date it is prepared, of all the public rights of way legally recorded in the surveying authority's area. 

Changes to the map and statement are made by a definitive map modification order (DMMO), which records a legal or evidential event (explained below) and therefore instantly amends the definitive map and statement.

A public path order, used to either create, divert or extinguish a public right of way, legally records a public right of way but does not amend the definitive map and statement. For a public path order to be recorded onto the definitive map and statement, it needs to be incorporated into a legal event modification order - although there is provision for a 'combined order', which amends the definitive map and statement in the same way as a definitive map modification order.

View the Definitive Map - working copy (opens new window)

Current DMMO applications

The Register of DMMO Applications shows all the applications to add a public right of way onto the definitive map. It includes the status and current position of each application, along with the application and plan of the public right of way that is being claimed. You can also view the definitive map for free at the information desk on the ground floor of the Civic Centre, along with a paper copy of the definitive map modification order register.

Events categories

There are two main categories:

1. Legal events (orders already confirmed)
2. Evidential events (user and documentary evidence)

Legal events (orders already confirmed)

Section 53 (3) (a) - any of the following:

• A highway shown or required to be shown on the map and statement has been authorised to be stopped up, diverted, widened or extended
• A highway shown or required to be shown on the map and statement as a highway of a particular description has ceased to be a highway of that description
• A new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path

Evidential events (user and documentary evidence)

User evidence under Section 53 (3) (b):

• Expiration of a period of use that raises a presumption the way has been dedicated as a public path

Documentary evidence:

• Section 53 (3) (c) (i) - The discovery of evidence by the authority of an unrecorded right of way
• Section 53 (3) (c) (ii) - The discovery of evidence that a right of way should be recorded with a different status
• Section 53 (3) (c) (iii) - The discovery of evidence that a right of way should be deleted, or other particulars in the map and statement require modification

As an example, if a diversion order is made, confirmed and comes into operation, the coming into operation of the order is an event under Section 53 (3) (a). While the confirmed diversion order has already altered the legal line of the path, it hasn't altered the information shown on the map and statement until a distinct, subsequent DMMO is made and confirmed. 

Register of DMMO applications

We are required to keep a register of all valid applications to modify the definitive map of public rights of way in Gateshead since 2005.

The register below contains details of the applications for definitive map modification orders, which are orders that are used to add, delete, upgrade or downgrade public rights of way. For example, an applicant who has evidence that a right of way recorded as a footpath on the definitive map has been used as bridleway for a long period of time, may wish to submit an application to upgrade that footpath to a bridleway on the definitive map. Alternatively an applicant may have evidence that a public right of way exists and has done so for a long period of time and should be shown on the definitive map. For the modification to be made to the definitive map of public rights of way, the application, evidence and plan submitted will need to satisfy the appropriate legal tests and requirements.

• Register of DMMO Applications

DMMO application pack

• Public Path Diversion Order Application Guidance Form (PDF, 42 KB)(opens new window)
• Diversion Order Application Form (PDF, 48 KB)(opens new window)
• Application for Definitive Map Modification Orders (PDF, 611 KB)(opens new window)