In November 2008, we ran a pilot scheme where we published all statements of case, proofs of evidence and supporting documents on the Planning Inspectorate’s website. Regrettably, we had to make 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 have only been publishing the following documents;

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

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.

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

Booklets available on request.

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.

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.
Download the Public Inquiry Facility Note in PDF 87kb

Glossary of Rights of Way Terms

Download the Glossary of Rights of Way Terms 18kb

Frequently Asked Questions

Frequently Asked Questions 37kb

Advice Notes

Advice Note No 1 June 1998 in PDF 25kb
Advice Note No 1 June 1998 in Word 72kb (Revised September 2009)
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 17kb
Advice Note No 2 October 1998 in PDF 48kb (Revised September 2009)
Conduct of site visits relating to Rights of Way Orders.

Advice Note No 3 February 1999 in PDF 24kb
Advice Note No 3 February 1999 in PDF 50kb (Revised September 2009)
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 48kb
Advice Note No 5 September 2000 in PDF 124kb (Revised September 2009)
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 23kb
Advice Note No 7 February 2001 in PDF 62kb (Revised September 2009)
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
Advice Note No 9 March 2001 in Word 145kb (Revised October 2009)
General Guidance to Inspectors on Public Rights of Way Matters.

Advice Note No 10 Revised May 2003 in PDF 33kb
Advice Note No 10 Revised May 2003 in Word 66kb (Revised September 2009)
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 September 2009)
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 30kb (Revised September 2009)
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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