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Public Rights of Way - Legal Order Priority Work List

Legal orders prioritised for investigation this year

Two types of Legal Order can affect Public Rights of Way (PROW) - these are Definitive Map Modification Orders and Public Path Orders. Below, we have explained our duties towards these orders and how we prioritise them.

For more guidance and detail, please see the governmental booklet: Natural England Public Rights of Way booklet

Definitive Map Modification Orders

Definitive Map Modification Orders are made to update the legal record of public rights of way.

We have a duty to accept and investigate applications for these orders, and are obliged to make an Order if there is sufficient evidence to support such an application.

Public Path Orders

Public Path Orders may be made to divert, extinguish or create public rights of way. 

We have no duty to make these orders, only a discretionary power.  Public benefit (to path users) is an important consideration when deciding to accept one of these applications, and they may be turned down if there's insufficient evidence of this.

Priority Works List

There is  a limit to how many cases can be dealt with each year, and so we have to consider the usefulness and costs of each one - each April West Berkshire Council draws up a Icon for pdf priority work list [47.02KB] for the year ahead.

Older applications are generally dealt with first, although we may occasionally decide to prioritise cases - for example if there'll be a benefit to path users.

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