Public rights of way

Definitive map

The definitive map and statement is the legal record of all the public rights of way in Calderdale that we currently know about. Each right of way is classified as a footpath, bridleway, byway open to all traffic or restricted byway and these are described below. For each path, the route is indicated by a line on the map and the notation used indicates its classification.

The statement also describes the path’s route and type, with some other details. By law, the map and statement provide conclusive proof of the existence of every path they show so that you know you are entitled to use any of them.

Viewing the definitive map and statement

The map and statement are kept in the Rights of Way office in Northgate House, Halifax and you can ask to see them at any time between 9am and 5pm, Monday to Friday. Public rights of way are now also shown on the Calderdale Maps Online service - however this should not be relied upon for legal purposes.

Classifications

Footpath:: a right of way for the public on foot only.
Bridleway:: a right of way for the public on foot, riding or leading a horse or on a bicycle.
Restricted byway:: a right of way for the public on foot, riding or leading a horse and with any non-motorised vehicle such as a bicycle or horse-drawn vehicle.
Byway open to all traffic:: a public right of way for all users but one which is mostly used like a bridleway.

On any of these public rights of way, there may also be a private right of way, for example for landowners to drive to their properties.

Correcting the definitive map and statement

It is possible that in the past some paths have been shown on the wrong route or with the wrong classification, included by mistake or omitted altogether. If you think the map is wrong, there is a legal procedure for changing or modifying it. This allows path users and landowners to be kept informed of the reasons for the change and to comment on it.

These comments should be based on evidence about what rights of way actually exist and this may consist of historical records documenting the creation of a path or showing how a path has been treated in official records in the past. Alternatively the evidence may consist of witnesses who have used a path for a period of time, usually twenty years, in such a way that the landowner must have meant to dedicate it for public use.

There is more information about the type of evidence that may be considered in the Consistency Guidelines| published by the Planning Inspectorate. Information about the process of changing the definitive map is available to download as a PDF from Natural England: A guide to definitive maps and changes to public rights of way|.

If you wish to apply for an order to amend the definitive map, you can ask for an application pack by ringing the Rights of Way team on 01422 392186. If your evidence consists of witnesses who have used the path for a period of time, you will also need to give each of them a user evidence form to fill in.

Public rights of way user evidence form [PDF file 49KB]|

The definitive map procedures are complex and often require explanation. Officers in the Rights of Way Section can offer informal help and guidance on the legal processes and on how evidence (both for and against an application) may be presented.

The Council's role is primarily that of deciding, on an impartial basis, whether the definitive map is correct, or whether it should be changed. It must make decisions on the basis of evidence about the history or past use of the route, not on whether the
proposed change is perceived as a good or desirable thing.