Email: customer.care@merthyr.gov.uk    Tel: 01685 725000
Address: Merthyr Tydfil CBC, Civic Centre, Castle Street, Merthyr Tydfil, United Kingdom CF47 8AN

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The Definitive Map and Statement

 

definitve map extract    Definitive Statement

 

What is the Definitive Map and Statement?

The Definitive Map and Statement is the legal record of Public Rights Of Way which are in existence within the County Borough.

The Definitive Map is the minimum record of Public Rights Of Way in existence, there may be rights of way which have been created but have not been entered onto the Definitive Map.

The Definitive Statement is the document which accompanies the map, it provides a description of all the routes which are recorded on the map, some of these statements are quite brief.

 

Where can I see the Definitve Map and Statement?

The Definitive Map and Statement is a public document and can be viewed at:The Rights of Way Section, Ty Keir Hardie, Riverside Court, Avenue De Clichy, Merthyr Tydfil, 8.30am to 12pm, 2pm to 4pm, Monday to Thursday., and 8.30am to 12pm, 2pm to 3.30pm on Friday.

We do not charge to view the documents, but, a photocopying charge will apply if extracts are required. It is advisable that you contact the Rights of Way Section before your arrange your visit to ensure somebody is available to help you.

Changing the Definitive Map

If you think that the definitive map is incorrect you can apply to the local authority to make a change to it.  You may apply for:

1)The addition of a route to the map - if the map does not show a route that you believe to be a public right of way, this is often known as "claiming a right of way".

2)The deletion of a route from the map - you may want this if you believe it is not or has never been a right of way.

3) A change of status of a route on the definitve map -  eg, downgrading a bridleway to a footpath. 

 

Diversion, extinguishment, or creation of a right of way

Public rights of way can only be diverted or extinguished by a legal order being carried out, this order is known as a public path order, they are also created in this way.

I want to divert a Right of Way, what do I do?

Landowners can apply for a diversion of a public right of way running across their land, this process is open to objection from members of the public.  Landowners must be aware they will be required to pay an administration charge , and the full costs of the advertisments which need to be placed in the local press, the applicant will also be required to pay any compensation claims which could arise as a result of a possible diversion, e.g, loss of amenity to adjacent landowners.

I want to claim a Right of Way, what do I do?

If you use a route and are unsure if it is a public right of way the first thing to do is contact the Rights of Way Section, by doing this you can check if the route you use is on the definitive map, if it is not you can apply to the local authority to claim the route.

The local authority will provide you with a guideline pack which will provide you with information on completing the application, and all the forms you require.Once all the relevant forms are completed and returned to the local authority the Rights of Way Section will investigate the claim, this usually involves a site inspection, historical research and consultations with people who provided evidence and those who have an interest in the land.

applictation_pack.pdf 

Once officers have completed their investigations a report is prepared  and submitted to Council and there can be two outcomes to this:

1) If Council approves the application a legal order will be prepared.  Notices will be placed on site describing the effect of the order, and they will also be published in the local press and sent out to all intersted parties.  The notice will invite anyone who disagrees with the order to make a formal representation or objection.  If objections are received and not withdrawn, the order will be referred to the Welsh Assembly government, who may deal with it by exchange of letters, an informal hearing or a public inquiry.

2) If Council refuses the application, the applicant has a right of appeal to the Welsh Assembly Government. The Welsh Assembly Government will then make the decision to approve or reject the application.