Paths Greenways Bridleways Tracks
PGBT
The notice of application for a modification order advises the recipient or the public at large that an application has been made under Schedule 14 of the Wildlife and Countryside Act 1981 to record public rights other than those already recorded. This could be additional rights, or it could be fewer rights. The exact situation will be specified in the notice.
The definitive map and statement for an area show footpaths, bridleways and byways that have already been recorded since the system was established in 1949. Since 1981, it has been possible for any person to apply to change the path record.
Paragraph 2 of Schedule 14 to the 1981 Act provides that once an application is made, the applicant shall serve notices on the owners and occupiers of the land crossed by the route. Where there is doubt that all the owners and occupiers have been identified, the surveying authority (the county council or unitary authority) may direct that site notices are posted.
Anyone seeing the notice who has evidence relating to the status of the route is invited to send it to the surveying authority, whose contact details will be given on the notice. The purpose of the system is to have an accurate record of public rights of way and this is best obtained if all relevant evidence is disclosed soonest.
Only evidence that relates to whether the applied-for rights exist is relevant
in an upgrade case. Only evidence that shows rights did not exist and
that a mistake was made at the time the path was recorded are
relevant in a downgrade case.
The courts have held that matters of desirability or suitability
are not relevant factors in determining the legal rights that exist. The
process is only concerned with what rights are legally present. Once the recording
process is complete, the council can consider whether any resulting
action is needed.
The Countryside
and Rights of Way Act 2000 set
a cut off day (‘Path Extinguishment Day’) after which it would be
too late to record paths that legally existed prior to 1950. This has led to
many applications in each council’s area, and so there is a backlog. While
the 1981 Act
expected applications to be
processed to a decision within one year, few councils can achieve this.
In Hertfordshire, there is a prioritisation system in place, and applications
are not simply taken in date order. The quickest application has been decided
in less than a year and the longest (so far) has taken more than twenty years.
If asked, the County Council will advise how far down the list an application sits,
which will give an indication of time scales. However, later applications may affect
the position of a lower-priority application.
If the council makes an order to modify the definitive map and statement,
there will be a statutory period for formal objection.
The application to upgrade Hemel Hempstead 90 footpath to restricted byway was
made on 8 October 2024. The resulting order was made on 19 June 2025 and was
confirmed on 4 September 2025.
The application to record Bushey 55 bridleway
was made on 11 June 1993. The resulting order was made on 12 August 2004 and confirmed
on 22 October 2004.
While every endeavour has been made to give accurate information, the law is complex, subject to different interpretations and subject to change. The contents of this website are offered to help registered supporters and general readers, but do not constitute formal legal advice.