If you believe the map and statement are incorrect you may ask the highway authority to investigate the status of a route. We will require as much information as possible in order to assess whether there is sufficient evidence to make a definitive map modification order. An 
Evidence Form (31 Kb) has been produced, which should be completed by users of a claimed path.
The status of claimed paths will be investigated during the review of the definitive map. In some cases it may be a number of years before claims in certain areas are determined, depending where the parish lies in the review process.
However, in certain circumstances the public may be prevented from using a claimed route if the landowner chooses to challenge public use and obstruct the way. In such circumstances affected routes are taken out of sequence and dealt with as a priority.
Considering the Evidence
The Review officer will investigate the available evidence and will find out as much as possible about the history of the route. This will include;
- Inspecting the route for evidence on the ground,
- Studying early maps and documents,
- Consulting with landowners and other interested parties e.g. parish councils, users groups etc.
- Talking to individual witnesses,
- Examining any counter evidence received from objectors.
Making an Order
The highway authority will make a definitive map modification order if it considers there is sufficient evidence. If an order is made, the highway authority gives notice of its general effect, stating where it can be inspected and a copy purchased, and how representations or objections can be made.
The order is advertised for a period of 6 weeks on notices placed at either end of the route in question. Advertisements are also placed in the Rotherham Advertiser and all affected landowners and occupiers are served with a copy of the order.
If no objections are received the order can be confirmed, thereby modifying the definitive map and statement.
Objections
Any objections should be related to the evidence regarding the existence and extent of public rights only. Whilst it is possible that the application, if it is successful may cause practical problems, the modification order does not address these issues. There are a number of issues, which, whilst they may be of genuine concern to people affected by the order, are beyond the scope of what can be legally considered. The suitability of a way for users, the need for public access and the nuisance which the path may cause are irrelevant.
Relevant objections should be received in writing and clearly state the reason for an objection.
Public Inquiry
If any valid objections are made, the order will be referred to the Planning Inspectorate. The Planning Inspectorate will arrange for the order and objections to by considered by an independent inspector at a local public inquiry. However in a few cases an independent inspector may choose to deal with an order by written representations.
Anyone may attend a public inquiry, while only those who have made a formal objection have a right to speak. Others may speak at the discretion of the inspector.
The highway authority will present the case in support of the order, and the objectors will then present the case against the order. In some circumstances the highway authority may choose to take a neutral stance. Each side will have the opportunity to cross-examine the other. The inspector will often hold an accompanied site visit at the end of the inquiry.
After the public inquiry the inspector will write to the highway authority, objectors and anyone who showed an interest in the proceedings with notification of a decision. The inspector may confirm the order, with or without modifications, or may decide that the order should not be confirmed.
Confirming an Order
Notice is given of the confirmation of the order in the same way as it gave notice when the order was made. The route will be added to the definitive map in accordance with the order and if the route is blocked, steps will be taken to legally remove the obstruction.
This legal process can be lengthy, and involves a great deal of investigation and drawn out legal processes. It is not unusual for an application to take several years to fully resolve.
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