Claim, re-grade or delete a right of way

A right of way is claimed, re-graded or deleted with a Definitive Map Modification Order (DMMO).

Anyone can apply for one, and claims are based either on usage or documentary evidence.

A successful claim with a DMMO shows that the public have used a way:

  • as of right, without needing permission
  • for 20 or more years
  • without interruption

Those 20 years are counted back from the date when the public’s right to use the way was brought into question.

Less often, a way can be presumed to exist under common law, with such cases there would be:

  • no evidence of acts that bring a right of way into question, like an obstruction on a way which is being claimed
  • fewer than 20 years’ evidence of use

With the latter, a claim under common law might be made, as it would not be possible to use a DMMO.

Apply for a DMMO

The DMMO process is complex and very time consuming. So before applying, potential applicants should speak to an officer in the Rights of Way Section.

It is recommended that maps to accompany applications for Definitive Map Orders are based on Ordnance Survey maps, copies of which are available from all normal retail outlets and Ordnance Survey agents.

Regrettably, the County Borough Council is unable to supply copies of maps for use with applications for Definitive Map Orders.

You can make a DMMO with the following forms:

Deletion of a public right of way:

  • Guidance notes WCA 1
  • Complete Forms WCA 5, 6 and 7 as appropriate

Claimed new public right of way:

  • Guidance notes WCA 2
  • Complete forms WCA 5, 6 and 7 as appropriate

Up/downgrading of a public right of way:

  • Guidance notes WCA 3
  • Complete forms WCA 5, 6 and 7 as appropriate

Variation to the statement for a public right of way:

  • Guidance notes WCA 4
  • Complete forms WCA 5, 6 and 7 as appropriate

Dispute a claimed right of way

Landowners can rebut a claim if:

  • they can show a lack of intent to dedicate the land
  • steps were taken to prevent the accrual of public rights

One of the steps that can be taken is to deposit a declaration. Steps for depositing a declaration are given in Section 31 (6) of the Highways Act 1980. 

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Contact

Address: Rights of Way, Bridgend County Borough Council, Waterton Depot, Waterton Road, Bridgend, CF31 3YP.
Telephone: 01656 642537
Email Address: rightsofway@bridgend.gov.uk

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