The work includes handling appeals against the refusal by local highway
authorities to modify the definitive map and statement, and directions
to compel local highway authorities determine applications made to
them for modification within a specified time.
Definitive map appeals
Anyone who has made an unsuccessful application to a local highway
authority for an order to modify the area’s definitive map and
statement can appeal the decision. This could be to include a right of way
or amend a right of way that is already shown.
Appeals may be based on:
- historical or documentary evidence alleging that a right of way exists
- the basis that such a right of way has come about through uninterrupted
use by the public for at least 20 years.
In complex cases, an inspector may be instructed to assess the evidence and
make recommendations.
The Secretary of State makes these decisions and also has the power to
direct an authority to make an order and will exercise that power in the
case of a successful appeal.
Application for directions
Anyone who has applied to the local highway authority for a modification to
the definitive map, and has not been advised of the authority’s
decision within 12 months can apply for directions. The Secretary of
State may direct the authority to decide the application by a certain date.
