The Planning Inspectorate- Wales

Rights of Way

Notes for the Guidance of Inspectors Holding Inquiries into Orders and Special Road Schemes bookmark
Rights of Way Customer Survey 2001-02
Public Path Orders
Definitive Map Orders
Definitive Map Orders - Consistency Guidelines
Checklist for Order Making Authorities
Public Inquiry Facility Note
Advice Note

Notes for the guidance of Inspectors Holding Inquiries into Orders and Special Road Schemes
It is now more than 6 years since these Notes for the Guidance of Inspectors were last revised. In the intervening years there have been many small but significant changes in the way that inquiries are run.

Go to Rights of Way Customer Survey 2001-02
The Planning Inspectorate normally carries out a customer satisfaction survey each year, focusing on one particular aspect of our work. In previous years we have considered various areas of our planning appeals work, and in 2000-01 we surveyed customer satisfaction with our performance in handling development plan inquiries.

Go to Public Path Orders
The Highways Act 1990 gives an authority the power to create, extinguish or divert a footpath or bridleway. Similarly the Town and Country Planning Act gives an authority the power to divert, extinguish or temporarily divert a footpath or bridleway in order to develop the land they are on. This guide sets out the procedure for making such orders under these acts.

Go to Definitive Map Orders
The definitive map and statement for an area is kept by the Highway Authority and records existing public footpaths, bridleways and byways open to all traffic and roads used as a public path. Sections 53 and 54 of the Wildlife and Countryside Act 1981 apply modification and reclassification orders to the definitive map and statement. This guide sets out the procedure for making such orders.

View the Definitive Map Orders - Consistency Guidelines in HTML If you click on this link then you will be taken to the English version of this website. The Guidelines are the same for England and Wales.

These Guidelines provide information and references to resources and relevant case law to assist in the interpretation and weighing of evidence on Definitive Map Orders (DMOs). They are the primary reference material for Inspectors in determining such Orders.

The Guidelines are divided into topic or document related sections. Before referring to a particular section of the Guidelines, it is recommended that time is taken to familiarise with ‘Putting the Guidelines into Practice’, Section 2. This sets the context in which Inspectors approach DMOs and provides helpful background to the type of guidance available and how it should be applied; the hearing or inquiry procedure and powers of modification available to the Inspector; and explanations of some of the issues which may arise in inquiries.

Checklist for Order Making Authorities

When an Order Making Authority submits an order to the Secretary of State for determination, they also need to provide a number of supporting documents. Without these accompanying documents, many of which are required by legislation, the Secretary of State could not proceed.

Public Inquiry Facility Note

Order Making Authorities need to take account of the Planning Inspectorate’s facility note when making arrangements for Inquiry and Hearing Venues. The facility note provides useful information on location, facilities and room layout. The form below is available in PDF format.
Download the Public Inquiry Facility Note in PDF 87kb

Advice Notes

Download Advice Note No 1 June 1998 in PDF 29kb (Revised May 2006)
Conduct of Inquiries into Rights of Way Orders where order making authorities do not actively support an order.

Download Advice Note No 2 October 1998 in PDF 27kb (Revised October 2005)
Conduct of site visits relating to Rights of Way Orders.

Download Advice Note No 3 February 1999 in PDF 27kb (Revised June 2007)
a) Introduction of case law by the parties to an order.
b) Legal submissions at inquiries.
c) Consideration of new evidence by Inspectors in Rights of Way Decision Letters.

Download Advice Note No 4 July 1999 in PDF 8kb
Advice on the Definition of "Cross Road".

Download Advice Note No 5 September 2000 in PDF 56kb (Revised October 2005)
Definitive Map and Definitive Statement - Precedence.

Download Advice Note No 6 October 2000 in PDF 11kb The Sunningwell Judgement and the meaning of "As of Right".

Download Advice Note No 7 February 2001 in PDF 31kb (Revised April 2007)
Mayhew v The Secretary of State for the Environment Lasham Parish Meeting v Hampshire County Council.

Download Advice Note No 8 February 2001 in PDF 12kb
Advice on the Definition of byway open to all traffic - The effect of Masters v Secretary of State for the Environment, Transport and the Regions.

Download Advice Note No 9 March 2001 in PDF 1.5mb (Revised May 2006)
General Guidance to Inspectors on Public Rights of Way Matters.

Download Advice Note No 10 Revised May 2003 in PDF 43kb (Revised October 2005)
Wildlife and Countryside Act 1981 - Inquiries and Hearings into proposed Modifications. Marriott v Secretary of State for the Environment, Transport and the Regions.

Download Advice Note No 11 March 2001 in PDF 10kb
Wildlife and Countryside Act 1981 - The Meaning of "Private Carriage Road". Dunlop V Secretary of State for the Environment.

Download Advice Note No 12 Revised December 2004 in PDF 19kb
Wildlife and Countryside Act 1981 - Vehicles and Rights of way. Robinson v Adair. Stevens v Secretary of State for the Environment. R v Planning Inspectorate Cardiff ex parte Howell.

Download Advice Note No 13 March - Has been withdrawn. The subjects previously covered in this Advice Note are now contained in the Definitive Map Orders - Consistency Guidelines.

Download Advice Note No 14 Revised September 2003 in PDF 13kb
Legal Memory (The Evidential Value of Ancient Documents)

Download Advice Note No 15 March 2002 in PDF 56kb (Revised December 2002)
Breaks in user caused by Foot and Mouth Disease.

Download Advice Note No 16 May 2003 in PDF 25kb (Revised February 2007)
Widths on Orders

Download Advice Note No 17 - Withdrawn

Download Advice Note No 18 April 2004 - Withdrawn
Roads used as Public Paths Re-classified under the Countryside Act 1968

Download Advice Note No 19 April 2005 in PDF 73kb
Human Rights Arguments

Download Advice Note No 20 June 2005 in PDF 43KB (Revised October 2005)
Guidance on Inspectors powers to modify modification orders made under the Wildlife and Countryside Act 1981.

Download attendance sheet in Word 142kb

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