Definitive records of Public Rights of Way can only be changed by statutory order, undertaking prescribed legal processes.  These orders are made by the Surveying Authority  (Sandwell Council).  The surveying authority has a duty to continuously review and update the Definitive Map and Statement so it forms an accurate recrod of the PROW network.

Highway Orders

They are generally categorised as creation, diversion and stopping up orders and are made under powers from acts of parliament, e.g. Section 116 Highways Act.  These orders provide the legal mechanism to alter the network.  A separate legal process is then required to accommodate these changes into Definitive Map(s) based on the evidence that the highway order is operational. 

Definitive Map Order

These orders use events to amend the Definitive Map and Statement of PROW.  This could be a Legal Event order based on a change to a PROW following a Highway Order.  It could also be based on evidence of a change to the PROW network such as from the creation of a new route by longstanding use and presumed dedication.

In simple terms presumed dedication can be described as follows:

If an access has been in open use by the public at large, as of right, without hindrance, permission or trespass for a period and the public's right to use it is challenged (by for example a gate) then a claim that the route has become a PROW by presumed dedicationmay may follow.  If the uninterrupted use is more than 20 years then a case could be made that such a right has been created under the terms of Section 31 of the Highways Act 1980.  If the uninterrupted use is less than 20 years, but for example more intense and open, then there is a possibility that a public right has been created at common law.

If you believe that the public's right to use an access has been challenged and you wish to claim the route as a PROW, then please contact the PROW Team (Contact Details) for a pre application discussion.  Please note that the onus is on the application to prepare and submit any claim and Council officers who determine such applications must take a wholly and impartial position between landholder and claimant.

Traffic Orders

Sometimes there is a need to temporarily prohibit the public use of a PROW, e.g. during development work for pedestrian safety.  Such situations require a Temporary Traffic Order to seek the temporary closure of the route.  These are made under the Road Traffic Regulation Act 1984.  Permanent Traffic Orders can also be made under this Act e.g. to restrict a certain category of user on a route.