To assist Inspectors in their decision making, the Planning Inspectorate has developed a set of Rights of Way Advice Notes. These Advice Notes provide guidance to Inspectors on the latest developments in rights of way law and practice. They currently cover the following subjects:

Subject	Advice Note No.
Conduct of inquiries where the Order Making Authority do not actively support an order.	1
Conduct of site visit relating to rights of way orders.	2
Introduction of case law by the parties to an order; legal submissions at inquiries; and consideration of new evidence by Inspectors.	3
Definition of “cross roads”.	4
Definitive Map & Statement – Precedence.	5
The Sunningwell judgment and the meaning of “as of right”.	6
Interpretation of the Mayhew and Lasham judgments.	7
Advice on the definition of ‘byway open to all traffic’ and the effect of the Masters judgment.	8
General guidance to Inspectors on public rights of way matters.	9
Inquiries and Hearings into proposed modifications – the Marroitt judgment.	10
Wildlife and Countryside Act 1981 – The meaning of “private carriage road” – Dunlop judgment.	11
Wildlife and Countryside Act 1981 – vehicles in the countryside. Robinson v Adair, Stevens v SSE, R v Planning Inspectorate Cardiff ex parte Howell.	12
Definitive Map and Reclassification Orders.	13 (withdrawn – now covered in the Consistency Guidelines)
Legal Memory	14
Breaks in user caused by Foot and Mouth Disease.	15
Widths on Orders.	16
Guidance for Inspectors on cycle and horse-drawn carriage use: claims for byways open to all traffic under s31 of the Highways Act 1980 and common law.	17 (now withdrawn)
Roads Used as Public Paths (RUPPS) reclassified under the Countryside Act 1968.	18 (now withdrawn)
Human Rights Act 1998.	19
Inspectors’ Power to Modify Definitive Map Modification Orders.	20

Subject

Advice Note No.

Conduct of inquiries where the Order Making Authority do not actively support an order.

Conduct of site visit relating to rights of way orders.

Introduction of case law by the parties to an order; legal submissions at inquiries; and consideration of new evidence by Inspectors.

Definition of “cross roads”.

Definitive Map & Statement – Precedence.

The Sunningwell judgment and the meaning of “as of right”.

Interpretation of the Mayhew and Lasham judgments.

Advice on the definition of ‘byway open to all traffic’ and the effect of the Masters judgment.

General guidance to Inspectors on public rights of way matters.

Inquiries and Hearings into proposed modifications – the Marroitt judgment.

Wildlife and Countryside Act 1981 – The meaning of “private carriage road” – Dunlop judgment.

Wildlife and Countryside Act 1981 – vehicles in the countryside.
Robinson v Adair, Stevens v SSE, R v Planning Inspectorate Cardiff ex parte Howell.

Definitive Map and Reclassification Orders.

13
(withdrawn – now covered in the Consistency Guidelines)

Legal Memory

Breaks in user caused by Foot and Mouth Disease.

Widths on Orders.

Guidance for Inspectors on cycle and horse-drawn carriage use: claims for byways open to all traffic under s31 of the Highways Act 1980 and common law.

17
(now withdrawn)

Roads Used as Public Paths (RUPPS) reclassified under the Countryside Act 1968.

18
(now withdrawn)

Human Rights Act 1998.

Inspectors’ Power to Modify Definitive Map Modification Orders.

These notes are publicly available and can be found on our website under ‘publications’ followed by ‘Rights of Way’.

Paper copies are available from:

The Planning Inspectorate
4/04 Kite Wing
Temple Quay House
2 The Square
Bristol
BS1 6PN

In addition to the Advice Notes, the Inspectorate has also produced a document called the Consistency Guidelines. The Guidelines have been written to assist Inspectors in their consideration of orders made under the Wildlife and Countryside Act 1981. The Guidelines set out the various types of evidence Inspectors are likely to be presented with and provides them with a benchmark for the treatment of this evidence.

The Consistency Guidelines are available on our website. Paper copies are also available on written request to the above address.

Both the Advice Notes and Consistency Guidelines are subject to change and revision from time to time. When amendments are made, or new Advice Notes are prepared, we will update our website and ensure the date of revision is clear. If you intend to rely upon any information contained in these documents as part of your case, you will need to check that the information is the latest available by either checking our website, contacting the case officer responsible for your case or by phoning 0117 372 8896.