Since 3 November 2008, we have been running a pilot scheme where we have been publishing all statements of case, proofs of evidence and supporting documents on the Planning Inspectorate’s website. Regrettably, we have made the difficult decision to terminate the pilot, this is set out in full in this letter 40kb.

Please note that as of 4 May 2009, we will only be publishing the following documents;

Notice of Order
Site notice
Notice of proposal to modify an Order
Inspectors decision(s).

Since the introduction of the Hearings and Inquiries Procedure Rules in October 2007 we have received a lot of feedback concerning the accessibility of statements of case, proofs of evidence and supporting documents. To address this we are going to run a pilot scheme for six months where we will be publishing all statements of case, proofs of evidence and supporting documents on the Inspectorate’s website, where we currently publish the start notices and decisions.

Download the "Publication Of Statements Of Case, Proofs Of Evidence And Supporting Documents" letter in PDF 41KB

The Rights of Way (Hearings and Inquiries) Procedure Rules

The Rules were laid in Parliament on the 17 July 2007. These Rules introduce a framework for the handling of Rights of Way Orders and will come into force on 1 October 2007 http://www.opsi.gov.uk/si/si2007/uksi_20072008_en_1 The Planning Inspectorate will publish further guidance in due course.

Copy of letter dated 9 June 2006 to all English Order Making Authorities, National Park Authorities and User Groups

Download the letter dated 9 June 2006 in PDF 49kb
Download the letter dated 9 June 2006 in Word 495kb

Copy of letter dated 6 December to all English Order Making Authorities and National Park Authorities.

This letter sets out the Inspectorate's current procedure for allocating dates for rights of way Inquiries and Hearings.
Letter in PDF 44kb
Letter in Word 417kb

Complaints Leaflet (Rights of Way)

This leaflet provides guidance on how to make a complaint. It also sets out the Inspectorate's procedures for dealing with complaints.
Complaints Leaflet in Word 341kb
Complaints Leaflet in PDF 58kb

High Court Leaflet (Rights of Way)

This leaflet provides guidance for appealing against a decision in the high court.
High Court Leaflet in Word 348kb
High Court Leaflet in PDF 63kb

Guidance on Procedures for Considering Objections to Definitive Map and Public Path Orders in England Recieved On or After 1 October 2007

This booklet describes the procedure for rights of way orders made by English local authorities under the Highways Act 1980, the Wildlife and Countryside Act 1981 and the Town and Country Planning Act 1990 which have been sent to the Secretary of State for Environment, Food and Rural Affairs for a decision because people have made representations or objections; or because an order requires modification. It accompanies the Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007 (attached to this guidance as Annex A) which came into force on 1 October 2007; along with the new procedure for orders being considered by written representations (Annex B).

Download the "Guidance on Procedures for Considering Objections to Definitive Map and Public Path Orders in England" booklet in PDF 244KB

Definitive Map and Public Path Orders in England - Orders received before 1 October 2007

View the Public Path Orders booklet in HTML
Download the Public Path Orders Booklet in PDF Format 93kb
The Highways Act 1980 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.

View the Definitive Map Orders booklet in HTML
Download the Definitive Map Orders Booklet in PDF Format 112kb
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.

Consistency Guidelines

View the Definitive Map Orders - Consistency Guidelines in HTML

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.

Document Title: Final letter to local authorities
Description: The Countryside and Rights of Way Act 2000 Part II: Public Rights of Way and Road Traffic
Final letter to local authorities in PDF 30kb
Final letter to local authorities in word 53kb

Document Title: Countryside and Rights of Act 2000 Part II: Rigfht of Way Progress on Implementing Provisions in England
Description: Progress on Implementing Provisions in England
Table showing progress in PDF 16kb
Table showing progress in Word 70kb

Document Title: Extract from Circular 2/93
Description: Revised Paragraphs 11-15 and new paragraph 16 of annex a to reflect changes to the costs regime introduced by the Coutryside and Rights of Way Act 2000

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 may not be able to 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

Advice Note No 1 June 1998 in PDF 9kb (Revised May 2006)
Advice Note No 1 June 1998 in Word 104kb (Revised May 2006)
Conduct of Inquiries into Rights of Way Orders where order making authorities do not actively support an order.

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

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.

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

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

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

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.

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.

Advice Note No 9 March 2001 in PDF 108kb (Revised February 2008)
Advice Note No 9 March 2001 in Word 145kb (Revised February 2008)
General Guidance to Inspectors on Public Rights of Way Matters.

Advice Note No 10 Revised May 2003 in PDF 41kb (Revised October 2005)
Advice Note No 10 Revised May 2003 in Word 56kb (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.

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.

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.

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.

Advice Note No 14 Revised September 2003 in PDF 6kb
Legal Memory (The Evidential Value of Ancient Documents)

Advice note no.15 Revised in June 2009 in 14kb
We have received advice which is as follows; "There is nothing in section 31(1) that suggests an interruption has to come from the landowner, indeed the reference in the Advice Note to requisitioning of land under wartime measures directly contradicts this. In addition there is nothing to say that there must be an intention to prevent the public use of the way".
In light of the above, we have reconsidered Advice Note No.15 and have removed the last sentence in paragraph 5.

Advice Note No 16 May 2003 in PDF 25kb (Revised Feb 2007)
Additional Guidance - Copy of letter sent to all order making authorities in England 62kb

Advice Note No 17 - Withdrawn

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

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

Advice Note No 20 June 2005 in PDF 42KB (Revised February 2006)
Guidance on Inspectors powers to modify modification orders made under the Wildlife and Countryside Act 1981.

Advice Note No 21, June 2009 47KB

Attendance Sheet

Download the Attendance Sheet / Request for a copy of the Inspector's decision form in Word 76KB

Download the Attendance Sheet / Request for a copy of the Inspector's decision form in PDF 258KB

Download the Attendance Sheet / Request for a copy of the Secretary of State's decision form in Word 75KB

Download the Attendance Sheet / Request for a copy of the Secretary of State's decision form in PDF 258KB

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