Changing the network

The Definitive Map and Statement can be modified in the three following ways:

Add, remove or change a public right of way based on evidence

View the current register of applications under Section 53 (5) of the Wildlife and Countryside Act 1981 (PDF, 41k) or download an application form and guidance notes (PDF, 72k).

Anyone can apply to amend the Definitive Map and Statement under the Wildlife and Countryside Act 1981 if they have evidence of use or previous existence.

An application may be made for a number of reasons. Some examples of situations where applications may be made are listed below.

There are often cases where paths that are not recorded on the Definitive Map actually exist on the ground, and have been openly used and enjoyed by the public for a considerable time
A public right of way recorded as a public footpath may have been used for 20 years or more as a public bridleway and the claimant may wish to amend its status
Evidence may exist to show that a path recorded on the Definitive Map is not public; a route is shown on the wrong line; or a route should be more precisely defined.

Add or change a public right of way by agreement or by order

Under the Highways Act 1980, it is possible to create public footpaths, bridleways and restricted byways or change the status of an existing route by agreement with the landowner. A formal agreement will only be considered if there is a public need.

It is also possible to create paths by order where Kent County Council considers there is a need for one. The council must consider the extent to which the footpath, bridleway or restricted byway adds to the convenience of local people.

The county council must also consider the effect the creation would have on the landowner and anybody with a right over the land.

Divert or remove a public right of way

View the current register of applications (PDF, 47k) made under the Highways Act 1980 and Town and Country Planning Act 1990 or download notes on how to make an application (PDF, 110k).

The Highways Act 1980 allows the line of a right of way to be diverted. There are strict legal tests to be met and proven to do this:

the proposal must be in the interest of the landowner or the public
the proposal must not impact on public enjoyment and convenience.

A public right of way may be extinguished if it is no longer needed for public use.

The Countryside and Rights of Way Act 2000 gave the county council new powers to process path change orders that meet new criteria relating to school security and the protection of Sites of Special Scientific Interest.

The Town and Country Planning Act 1990 allows rights of way to be diverted to enable development to take place, for example, new buildings and mineral extraction. These diversions are made by the planning authority which granted planning permission, usually the district or borough council.

Kent County Council makes a charge for processing landowner benefiting diversions and there is no guarantee that any diversion or extinguishment will be successful.