What is a definitive map?
In 1949 the National Parks and Access to the Countryside Act gave all county councils in England and Wales the duty of surveying and mapping rights of way in their area, in order to classify them as footpaths, bridleways or roads used as public paths.
The essential function of a definitive map is to provide a record which proves that a public path exists and enables the highway authority to take enforcement action to protect it. It is a legal document which must be produced and kept up to date by every county council or unitary authority (except Inner London Boroughs).
The definitive map is meant to show every single right of way in an authority's area, and should be accompanied by a document called a definitive statement, which records the legal width, any limitations (such as stiles or gates) and the nature of the rights (i.e. whether there's a right of way on foot, on horseback etc.).
Find out more here.
What is a footpath?
A highway in which the right of way is on foot only.
What is a permissive path?
A path which the landowner allows the public to use, with the intention that it should not become a public right of way. The landowner may well put up notices and close the path once a year. It is not subject to rights of way law, except that the highway authority can request that overhanging vegetation is cut back.
But there are no footpaths in inner London, so why do we need a definitive map?
This is a common misunderstanding. Of course there are footpaths in Inner London. Very many highways too narrow for vehicles in London are footpaths; the dozens of alleyways that connect one road to another are footpaths. So are many of the paths that go through London’s parks and open spaces, or run beside the rivers. All that is meant by ‘footpath’ is a path on which there is a right of way on foot. Perhaps people think of ‘footpaths’ only as paths which go through fields of waving corn or herds of cattle, and over stiles and plank-bridges, and by blackthorn-hedges and lonely farmsteads. Not so. Urban paths are public footpaths too, and, while they are hardly under threat of being ploughed or obstructed by bulls or wire, are just as much prey to the developer. Depiction on the definitive map would give them far more protection from that kind of obstruction. But not in inner London – because there is no definitive map.
Why does inner London not have definitive maps already?
This is really due to a historical anomaly. When definitive maps were put into effect by the National Parks and Access to the Countryside Act in 1949, focus was on rural paths. However, over time, the value of urban footpaths for exercise and recreational activity became recognised, and the Ramblers began to lobby for definitive maps to be extended to large towns. The lobbying was successful and the Wildlife and Countryside Act 1981 extended definitive maps to all areas, except inner London.
Why was inner London excluded from the Wildlife & Countryside Act 1981?
This is probably due to the fact that it was a big achievement to get the legislation extended to include all other cities (including outer London). Including inner London was a fight left for another day.
What about the Thames Path?
The Thames Path is a National Trail partly in London; it is a long distance walking route. Most of the land that the Thames Path crosses is privately owned by many different individuals, but the National Trails Office co-ordinates the management of the route. The trail connects up footpaths, towpaths and permissive routes. This means that if there was a definitive map created in inner London, some of the Thames Path could be claimed as rights of way and thus be protected by rights of way law. At present parts of the Thames Path can be blocked, for example by development, and thus closed to walkers.
What about the other trails and walks in London?
There are many wonderful promoted routes in London for walkers to use; however without a definitive map there is no evidence that the public have a right to use them. Walkers often will have a right of way, yet if an obstruction was to occur, it would be difficult to prove the path is a public right of way without a defintiive map.
Do other cities have definitive maps?
Yes all other cities now have definitive maps due to the extension of the statutory duty by the Wildlife and Countryside Act 1981, except for inner London.
How would inner London borough councils go about getting definitive maps?
They would have to pass a resolution at a council meeting, unless there is legislative change which forces all inner London borough councils to map rights of way.
How will this campaign change things?
The campaign will encourage all inner London borough councils to create their own definitive maps, but the Ramblers will additionally lobby government to change legislation which will give the duty of creating definitive maps to inner London borough councils, like every other area in England and Wales.
Isn’t this the wrong time to be launching this campaign with the government's planned spending cuts?
We realise that the creation of a definitive map may not be at the top of the priority list for most inner London councils, especially in this financial climate. However, it actually shouldn't cost the councils very much to introduce definitive maps in inner London because all that would be required is for each borough to pass a resolution and to make one single order adding one single footpath to the definitive map. It would be unrealistic to ask for all paths in each borough to be mapped in one go, but the addition of just one path to the map will start the process.
But wouldn't it be a lot of work for understaffed borough councils?
Not necessarily. The majority of the work involved will be in the actual surveying and mapping of the rights of way. But the paths can be added one by one. Just one path being added would create a definitive map, albeit incomplete, in the borough. That in turn would then provide anybody with the easy means of proving that any challenged right of way actually exists, i.e, by applying for it to be added to the definitive map.
Then by degrees all the rest of the paths could be added – theoretically at least – either by application from individuals or by research by the boroughs themselves. If funding is poor this will not happen fast. It may not happen at all. But even if it never does, people can still apply for contentious paths to be added, and it is to be hoped that the small amount of funding to process a claim could sometimes be found.
In addition the Ramblers are planning to get everyone involved in the mapping work. In other cities, such as Birmingham, many volunteers participated in the project to create the definitive maps.
In Birmingham there was only one council to work with. In inner London there will be many more. Won't this create difficulties?
The simple answer is that we don't know. However there is potentially more scope for success because if just one inner London borough council agrees to map public paths, there will be much more leverage to persuade other councils of the benefits. In addition the Ramblers has a history of engaging with long campaigns; we won't give up if it isn't an immediate success.
What benefits does a definitive map have for councils?
A definitive map has many benefits and not just for walkers. There are also many advantages for councils:
- It saves time and money if there is any dispute about a public path because the definitive map is conclusive evidence that a public right of way exists.
- It reduces conflict because all interested parties have a clear idea of where footpaths are.
- It facilitates development. Planning officers and developers can go to the map and see where there are public rights of way so that they can consider them when planning applications are being approved. This helps to avoid objections and disputes later on in the planning process.
- It ensures that the routes are shown on Ordnance Survey maps so that people know where they are. This will hugely benefit tourists and visitors to the capital.
Would creating a definitive map mean that cyclists would be able to use paths and would this disadvantage walkers?
A definitive map would have two benefits for users of paths: (i) it would make it clear who can use which paths and where users can go; (ii) there would be more lobbying-scope for arguing a better deal for walkers. A promoted route to cycle and walk would mean better protection for users of the path. The Ramblers is supporitve of shared use of paths as long as it is done correctly, e.g. there is enough space on the path for walkers and cyclists to use safely (at least 3 metres in width).
Will this mean horse-riders can use cycletracks?
Walkers have the right to use cyclepaths. Horseriders do not. There is often confusion over this because cyclists have the right to use bridleways subject to them giving way to walkers and equestrians (Countryside Act 1968). However this does not mean equestrians can use cycletracks and there are many means to prevent vehicular or equestrian use of a cyclepath.
Without a definitive map can I still walk on the paths without breaking the law?
Yes, you can still walk on the paths without the existence of a defintiive map. However, the point is that if the path was to become obstructed thus preventing you from walking on it, there would be little you could do to ensure the path was re-opened without being able to prove its existence as a public right of way. This is what a definitive map would do.
What about outer London Boroughs - they haven't completed all their definitive maps; shouldn't we concentrate on improving these first?
We appreciate that the situation is unclear in outer London and we would like to receive feedback to clarify the situation. Once we have established how things stand, we will then know how best to act to improve the definitive maps that exist in outer London. However, we are starting the campaigf in inner London because no definitive maps exist there yet.
Have any paths ever been saved by the existence of definitive maps in outer London?
Yes - you can see some examples here.
If you have any unanswered questions please email the Campaigns and Policy team via: rachel.alcock@ramblers.org.uk
Return to the Put London on the Map main campaign page here.
