Rights of way

When an application is made for a Definitive Map Modification Order (DMMO), landowners who may be affected by the claim are contacted as part of the formal process. This ensures that anyone with an interest in the land is aware of the application and has the opportunity to understand what it means.

What a DMMO application means

A DMMO application seeks to determine whether a route should be legally recorded as a public right of way on the Definitive Map and Statement. This map and statement form the legal record of public rights of way in Lincolnshire.

• A DMMO does not create a new public right of way. It investigates whether a right of way already exists based on historical documents, maps, and evidence of public use.
• If a right of way is found to exist, it must be added to the Definitive Map and Statement as a matter of fact, not choice.

The council’s role and legal obligations

Lincolnshire County Council has a statutory duty to investigate all valid DMMO applications. The council must consider:

• The evidence submitted with the application
• Any additional evidence discovered during the investigation
• Whether the evidence shows that a public right of way is reasonably alleged to exist

The process is evidence-led and governed by Section 53 of the Wildlife and Countryside Act 1981.

The council cannot take into account:

• Concerns about privacy, security, or land management
• Personal opinions regarding the use of the land
• The fact that the route may not have been used recently, or in living memory

What you need to know

If you are a landowner whose land is affected by an application, you are encouraged to participate in the process. You may hold relevant evidence that helps inform the council’s investigation.
 
Key points for landowners:

• Until a DMMO is made and confirmed, there is no requirement for you to make the route available for public use.
• If the DMMO is confirmed, the route becomes part of the legal record, and any obstructions will need to be removed.
• You have the right to view the evidence upon which a decision is made and to submit an objection during the public consultation period, if you believe the evidence does not support the existence of a right of way.
• Objections must focus on the evidence relating to whether a public right of way exists, not on personal circumstances.

Timescales and the investigation process

Lincolnshire County Council has received a large number of DMMO applications over recent years, many seeking to preserve unrecorded historic routes.

• Applications are investigated in the order they were received, unless exception criteria apply which give a case higher priority.
• Investigations can be complex and time-consuming, often taking several years to complete.
• Public consultation follows if an order is made. If there are objections, the order will be referred to the Planning Inspectorate for determination. This can lead to a public inquiry or hearing, which can further extend timescales.

Due to the legal and evidential complexities, it is not possible to give a definitive timescale for when an individual case will be investigated or concluded.

What happens if a right of way is confirmed

If a route is added to the Definitive Map and Statement following confirmation of a DMMO, it becomes a legally recorded public right of way.

• Landowners are then responsible for ensuring the route is unobstructed and accessible for public use.
• If you wish to change the route of a public right of way across your land, it may be possible to apply for a diversion or extinguishment of the route under the Highways Act 1980.

Diversions are subject to:

• Meeting statutory legal tests for public convenience and enjoyment
• Public consultation and the possibility of objections
• A decision by the council to proceed (there is currently no automatic right to apply for a diversion, although new legislation is expected)

If a diversion is pursued:

• Fees apply at each stage of the diversion application process
• Landowners may need to cover costs for providing the new route and compensating any affected parties

You can find more information on diversion applications, including fees and charges, in our Rights of Way section.

Further information

For more information about the DMMO process, including guidance on evidence, refer to: A guide to definitive maps and changes to public rights of way.