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 1.03mb
High Court Leaflet in PDF 949kb

Guidance on Procedures for Considering Objections to Definitive Map and Public Path Orders in England

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

15 July 2010

For reasons of economy, as of 15 July 2010, the Rights of Way Section will no longer issue hard copies of the Guidance on procedures for considering objections to Definitive Map and Public Path Orders in England as a matter of course. Whilst copies will continue to be issued on request, we will now be informing parties to orders that the booklet is available to view/download online.

Consistency Guidelines

Download the Definitive Map Orders: Consistency Guidelines in PDF 373KB

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.

Within the PDF 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

Frequently Asked Questions

Frequently Asked Questions 37kb

Advice Notes

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

Advice Note No 3 February 1999 in PDF 24kb (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 (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 (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 (Revised October 2009)
General Guidance to Inspectors on Public Rights of Way Matters.

Advice Note No 10 Revised May 2003 in PDF 33kb (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 April 2010 in 14kb
Breaks in user caused by Foot and Mouth Disease

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 (Revised February 2010)

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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