Rights of Way Orders

“In your Council’s capacity as a Highway Authority for the administration and management of rights of way and the definitive map, could you please provide, for each of the past ten years, the number of the following rights of way orders your authority have processed:

(Under the Highways Act 1980)

1) Section 25 creation agreements for new (or upgraded from footpath) Bridleways or Restricted Byways

2) Section 26 creation orders for new (or upgraded from footpath) Bridleways or Restricted Byways

There have been no creation agreements or orders for restricted byways in the last 10 years.

In respect of bridleways, there have been the following:-

(Under the Wildlife and Countryside Act 1981)

3) Definitive Map Modification Orders for the recording of a Bridleway or Restricted Byway based predominantly on historic, documentary or map evidence

4) Definitive Map Modification Orders for the recording of a Bridleway or Restricted Byway based predominantly on user evidence (eg. under 31 Highways Act 1980 or common law)”

For questions 3) and 4) above, all the information concerning the basis on which Orders are considered is publicly available on the Devon County Council website within Public Rights of Way Committee Reports

The Council does not hold a central record of the split between documentary and user evidence.