1.1, 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.

1.2, 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.

1.3, Each subsequent Section, where appropriate, begins with a list of relevant reference material from guidance which must be applied, to directory and advisory guidance, followed by a list of other publications on each subject. Most of this material is available in the public domain: where this is not the case, links are provided, including for the referenced Rights of Way Advice Notes. Each topic or document related Section continues with an introduction, guidance and conclusions on the subject(s) covered.

1.4, Although the Guidelines refer to a number of publications and articles this should not be taken to imply that the Inspectorate endorses any of them. Although they all contain some useful advice, it should be borne in mind that they have often been written from a particular standpoint. Moreover, in some cases the advice may have been overtaken by later research. In the circumstances, the relevance of such advice and the weight to be attached to it in any particular case has to be carefully assessed in the light of the circumstances prevailing at the time.

1.5, Each DMO case is considered by the Inspector on its own merits taking into account the relevant tests laid down by statute and the evidence presented in each case. It is a matter of fact that, whilst there may appear to be similarities between cases, the particular combination of evidence in each case is unique.

1.6, It is important to bear in mind that whilst the Inspector, in any given case, will determine the weight to attach to each individual piece of evidence, they will be considering the evidence together, as a whole. Having evaluated all the evidence, the Inspector’s Decision will be reached on the balance of probabilities.

1.7, Exceptionally the Inspector may be convinced that it is appropriate to depart from the Guidelines. However, in such cases their Decision will include an explanation of the reasoning which led them to this conclusion.

What the Guidelines cannot do

1.8, The Guidelines are neither definitive nor exhaustive. They are subject to change, whether by the application of new case law, or as a result of new understanding following academic research. The Planning Inspectorate is responsible for ensuring that Inspectors are promptly informed of any changes and receive appropriate guidance.

1.9, Inspectors also have a responsibility to alert the Inspectorate when their experience at inquiries or hearings suggests that the Guidelines need changing or expanding. In addition anyone is encouraged to bring matters which in their view require further clarification to the attention of the Inspectorate. Any proposed amendments to these Guidelines will be submitted to the Department for Environment, Food and Rural Affairs (Defra) for approval before any changes are made.

(June 2005)