- Definition
- Definitive Map
- Maintenance
- Development & ProW
- Landowner Deposits / protection
- Highway Fees and charges
- Section 31 (6) Register
- Apply for a Definitive Map Modification Order
- Section 53 (5) Register
1. Definition
A Public Right of Way (PRoW) is a way over which the public have a right to pass and repass. Rights of Way can be found in towns, villages and the countryside. Some paths may be surfaced although most are tracks across countryside owned by landowners. Rights of Way are classified according to the nature of the rights that the public has along them and so can be classified as a Footpath, a Bridleway, a Byway or a Restricted Byway. There are approximately 53km of Rights of Way across Knowsley Council.
2. Definitive Map and Statement
The Definitive Map and Statement is the Council’s legal record of Public Rights of Way in Knowsley. The Definitive Map and Statement do not reflect changes made to the Public Rights of Way network and there may be some that are not shown on the map. Changes to the Definitive Map and Statement can only be made by a legal order, which allows for public participation on the proposed change. You can view the Definitive Map and Statement at the Huyton Council offices (address below). Also available is an electronic map of the working copy of the Definitive Map here.
3. Maintenance
The landowner is responsible for keeping the Right of Way free from obstruction and for looking after gates and stiles on the route, whilst Tarmac, acting on behalf of Knowsley MBC as the Highway Authority, is responsible for keeping them in good condition; clearing surface vegetation, authorising stiles, gates, signposting and way marking. Tarmac can be contacted on the following number and email address:- Tel: 0800 023-2334 and E-mail:[email protected]
4. Development and Public Rights of Way
All Public Rights of Way are highways and have the same status in law as public roads. To obstruct a PRoW is an offence and therefore it is important to identify PRoW at an early stage of any development in order to avoid potential delays or difficulties in selling properties once complete. The government website here offers guidance notes on this issue.
5. Land protection / Landowners Deposits
New Rights Of Way can be created through 20 years of unchallenged public use of paths. However Section 31(6) of the Highways Act 1980, allows landowners to show that they accept the Public Rights Of Way already recorded over their land, but, do not intend to dedicate any new ones by depositing a Statement and plan with the Council. Within 20 years a landowner may deposit a Highway Declaration to confirm that no new Rights of Way have been dedicated since the date of the deposit of the map and Statement. Any public use of the land during this period will not count towards the establishment of a new Public Right Of Way. These Landowner Deposits are available for public inspection.
Section 15A of the Commons Act 2006 now allows landowners to protect themselves against claims for village green rights over their land, in a similar way. The deposits under these two sections have been combined into Application Form CA16, and landowners can use all or only part of the form, depending on what rights they wish to claim. The forms need to be renewed every 20 years.
The application Form CA16, including Guidance notes, can be found on the following government website here.
6. Fees
There is a charge for registering the Landowner Deposits to cover the Council’s costs of logging the application, making it available on our website and register, placing notices on site and sending notifications, in line with the regulations. For details, please see the Council’s webpage here.
7. Register - Section 31(6) Highways Act 1980
The Council is required to keep a public register of highway statements and highway declarations that have been deposited under Section 31(6) of the 1980 Highways Act. These statements and declarations enable landowners to formally acknowledge public rights of way across their land and, in doing so, create a presumption that they have no intention to dedicate any further routes across their land.
The Register contains deposits received since 1 October 2013. Each deposit can be viewed below, or the paper copy can be viewed, by appointment at the following address: Huyton One Stop Shop, Municipal Building, Archway Road, Huyton L36 9YU (Monday to Friday, 9.30 – 16.00). Enquiries by email should be addressed to: [email protected]
8. Apply for a Definitive Map Modification Order – under Section 53(2) Wildlife Countryside Act 1981
You may wish to apply for a definitive map modification order (DMMO) if you have evidence that:
- a path or way that you and others have been using as a right of way for years is not shown
- a path shown with a particular description should be shown as a highway of a different description, for example where a footpath has been used for many years by horse riders and you wish to apply to have it recorded as a bridleway
- there is no public right of way over land shown in the map and statement of any description, or it is in the wrong place
- any other particulars in the map and statement require modification.
The evidence may be in the form of historical documents or use by the public, or both. The procedure is set out under schedule 14 of the Wildlife and Countryside Act 1981.
Before making an application you should check both the Knowsley Highways Map and the Applications Register (in the form of a table).
If you still want to make an application, you should:
- download the application forms and guidance notes
- gather your evidence, both documentary and from users of the route
- identify all the owners and occupiers of all land to which the application relates (this includes anyone that has land next to the route in question and anyone who may have access along it) and tell them that you are making the application by giving them a completed ‘Form B’ – the notice to be sent to all occupiers and owners affected by the application.
Please note that DMMO applications should not be made:
- where you think it would be a good idea to have a public path in a particular place
- if you think that the path is not suitable for its current classification and should be changed
- if you think that the path is not needed for public use.
Download the application forms and guidance notes
Form A: Definitive Map and Statement of Public Rights of Way
Form B: Notice of Application for a Modification to the Definitive Map and Statement
Form C: Certificate of Service of Notice of Application for Modification Order
Form D: Application for Permission to Notify Landowners by Site Notice
Form E: User Evidence Form and Statutory Declaration
Form E: User Evidence Form and Statutory Declaration (Guidance Notes)
Form E: Public Right of Way Claim Evidence Form
Form F: Public Right of Way Claim Evidence Form
Form G: Public Right of Way Documentary Evidence Checklist
9. Register - Section 53 (5) Applications for Modification Orders under Wildlife Countryside Act 1981.
The Council is required to keep a public register of all outstanding Definitive Map Modification Order (DMMO) applications.
Registers will be updated on a regular basis. The application and map for each case are scanned into a case file as adobe pdf documents. Applications are published in paper format, and electronically on the website. Case files are cross-referenced by a unique number to the file reference column in the registers (and path number). This register can be seen below.
Information requests about any of these applications should be addressed to Huyton One Stop Shop, Municipal Building, Archway Road, Huyton L36 9UX. Enquiries by email should be addressed to: [email protected] .