Public Rights of Way legal information

The Definitive Map is a legal document and Wakefield Council is responsible for ensuring the information on it is accurate. New rights of way can be established over time or created. Existing paths can be diverted in certain circumstances. Changes to the Definitive Map and the network of public paths must be made by Legal Order.

When the Council receives an application or is required to change the information on the Definitive Map, it consults people in the area and path user groups.

Current Public Rights of Way Changes Consultations

Public Path Orders 

Public Path Orders make changes to paths that already exist or can be used to create new paths. These Orders can be made for a number of reasons. When an Order is made, it is advertised for a period of 28 days within which time representations can be made.

For information on applying to change a right of way, please view our Application Forms and Fees Documents.

Latest public paths Orders

Latest Made Orders

• Knottingley 8

Latest Confirmed Orders

• Finch Ave
• South Hiendley 3

Temporary Public Right of Way Closures

Sometimes it is necessary to close public rights of way. This might be for safety reasons or because of works being undertaken. Where possible a diversion will be provided. Details of current closures can be found here: 

• Crigglestone No.1 (to be added soon)
• Ossett 38 (to be added soon)
• Addingford Lane (to be added soon)

Application Forms, Guidance and Fees

Applications to make changes to public rights of way and the Definitive Map can be made for a number of reasons.

Diversions, Extinguishments, creation of new paths

• Highways Act 1980 Applications forms and guidance - Highways act - 118 and 119 updated form
• Highways Act guidance notes

Paths affected by development

• Town and Country Planning Act 1990 application forms and guidance
• Town and Country Planning act guidance

Recording new paths

• A  - Application form, Definitive Map Modification Application Pack and guidance
• B - PROW evidence form
• C - Documentary evidence checklist
• D - Notice of application for modification
• E - Certificate of Service Notice

Register of Applications to Modify the Definitive Map - Section 53 register

The Countryside and Rights of Way Act 2000 states that the Council must provide a register of definitive map modification orders.

Please be aware that the online register and mapping is as up-to-date as possible. It may not however include the most recent changes.

You can see a paper copy of the section 53 register free of charge. This can be done between 8:30am and 5pm Monday to Friday at:

Customer Access Point
Wakefield One
Burton Street
Wakefield
WF1 2DD

If you have any questions about the registers or the definitive map, please contact the Public Rights of Way Team.

Register of Landowner Declaration - S31.(6)

What is a section 31(6) declaration?

If a landowner wishes to prevent a public right of way being established across their land through use by the public, then they must ensure that the potential right is challenged in some way.

This can take the form of erecting gates, putting up signs or challenging people using the route (amongst other methods). Whilst these approaches can be effective they suffer some drawbacks - signs can be torn down or the wording may be insufficiently specific to form a valid challenge. 

To provide a more robust method of establishing the position in relation to rights of way on a landholding, a landowner can lodge documents with the local authority, as specified by section 31(6) of the Highways Act 1980. 

Register of Landowner Declarations

Under the Countryside and Rights of Way Act 2000, Wakefield Council is required to make landowner declarations available for public inspection.

View the register

Section 15A of the Commons Act 2006 enables landowners to protect themselves against a parcel of land being registered as a village green or common based solely on a period of use by the public.

If you are a landowner and wish to submit a statutory declaration under either the Section 31(6) of the Highways Act 1980 or Section 15A of the Commons Act 2006 please visit the GOV.UK Commons Act 2006 page for the relevant guidance and forms required.

For further information please contact via phone or email.