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What is a Definitive Map?
A definitive map is a map prepared by the highway authority, which is a legal record of the public rights of way. Torbay only has the following types of ROW:
- footpaths
- bridleways
The definitive map is therefore used in providing evidence of the public rights, but may not tell the whole story. A check should be made to see if it has any reason to believe that there are additional rights, over any particular area of land. This can be especially important if the land is for sale or is the subject of a planning application for development.
The Definitive Statement
The map is accompanied by a statement, which describes each public right of way. If the statement defines the position or width of a public right of way shown on the map, then that information is conclusive evidence of the position or width of the public right of way at the relevant date. As with the definitive map, there may be additional limitations or conditions on the public's rights, as yet unrecorded.
Main Reference Books
Rights of Way: A Guide to Law and Practice
Fourth edition 2007, by John Riddall and John Trevelyan (published by the Open Space Society together with the Ramblers Association).
The Working Copy of Devon's Definitive Map
Scale 6 inches to 1 mile or 1:10560
If you need to refer to these maps, you may inspect the working copy in Roebuck House.
We also have digital maps covering most of Torbay, which are far easier to interpret than the Definitive Map. These are on a constantly updated base but unlike the Definitive Map these are not the legal record of public rights of way. Copies of these digital maps can be sent or faxed to other offices and all Members, if required, for Council business (OS Copyright).
The Torbay Definitive Statement
A written (legal) record of each individual path, numbered by parish, is kept in Roebuck House, Abbey Road, Torquay. All these maps are precious; great care must be taken when using them. It is important that until you become familiar with the system you are advised to ask for help and guidance. On no occasion may the definitive map or statement be removed (unless being used at a Public Inquiry with an Officer in attendance).
Under Section 53b of the Wildlife and Countryside Act 1981, local authorities had to set up a Register of Applications for Definitive Map Modification Orders.
Related Tasks
Contact Public Rights of Way
- Tel: 01803 207740
- Email: highways@torbay.gov.uk
- Fax: 01803 207670
Related Pages
- Register of Applications
