Definitive Map Modification Orders (DMMOs)

The Definitive Map and Statement is a legal record maintained by the Surveying Authority of the public rights of way within its area, and is available to the public to view during office hours.

Northamptonshire Highways can advise you how to view them. It is recommended that before beginning any application, you view the map and discuss the matter with a Definitive Map Officer, who can give you advice.

Public Rights of Way include:

• Footpath: The public have a right of way on foot only.
• Bridleway: The public have a right of way on foot, on horseback or leading a horse, and on a pedal cycle.
• Restricted Byway: The public have a right of way on foot, on horseback or leading a horse, on pedal cycle and in or on vehicles other than mechanically propelled vehicles.
• Byway open to all traffic (BOAT): A public right of way with vehicular rights, but which is mostly used by pedestrians and horse riders.

To change the Definitive Map and Statement Northamptonshire Highways must see evidence to prove the case. You will need to produce evidence to Northamptonshire Highways before a DMMO can be made to modify the Definitive Map and Statement.

Northamptonshire Highways will carry out its own investigations into the application and consult with other councils, user groups, landowners and other interested parties, as appropriate. This may well include interviewing the applicant's witnesses who completed Preliminary Evidence Forms in order to draw up more complete statements.

It is difficult to generalise about the evidence needed because each case is different and will be judged on its own merits. However, evidence can consist of information gained from either or both of the following sources:

User evidence

These are statements from people who have used the way and would usually be accompanied by a map showing the alignment used. This information is easily collected on Preliminary Evidence Forms (Form D), supplied by Northamptonshire Highways.

Documentary evidence

Historical records may include (but are not limited to) any of the following:

• Old maps
• Inclosure Awards
• Quarter Session records
• Estate maps
• Railway and Canal records and plans
• Tithe Maps
• Finance Act 1910 records
• Parish Council minutes
• Ordnance Survey maps

Modern records, as follows:

• Property Deeds
• Building plans
• Published articles and books

Copies of any historical evidence (preferably including reference numbers obtained from Northamptonshire Record Office) should be included with the application.

Landowners, occupiers and other interested parties will be consulted as part of the investigation by Northamptonshire Highways, and their evidence could rebut the claim.

The Applicant will need to do the following:

1. Form A, Application Form

Complete this fully. The date on which the Form is received by Northamptonshire Highways is the formal start date of the application.

2. Form B, Form of Notice to Landowners and Occupiers

Send a completed copy of Form B (together with a map showing the claimed route), to everyone believed to own or occupy the affected land. An occupier is also considered to include anyone who has private access rights across the claimed route.

If, after sufficient inquiries have been made, the applicant cannot ascertain the landowners / occupiers the applicant will need to post notices on site, addressed to the owner and/or occupier informing them that the application has been submitted.

The second section of Form B (part 2) is to be completed by the owner or occupier receiving the form, which they should complete and return to Northamptonshire Highways.

3. Form C, Certificate of Service of Notice

Complete this fully to show all the owners and occupiers who have been served with Form B.

4. Form D, Preliminary Evidence Forms

Give a Preliminary Evidence Form, together with a map, to each person able to give evidence about use of the way.

It is for each user to mark on the map the route they have used. It is preferable that these are all returned along with the application, rather than being submitted separately.

5. Prepare an Application Map Showing the Route(s) and Land

Ownership/Occupiers - A map clearly showing the claimed route and ownership of the land is required. The map should be signed and dated by the applicant. This map constitutes part of the application and should be at a scale of not less than 1:25,000.

The applicant must return the following documentation to Northamptonshire Highways:

• Form A (including a map, as referred to at number 5)
• Any relevant historical evidence (including copies where appropriate)
• Copies of any correspondence in relation to the application and letters of support from Parish Council, user groups and so on
• Form C
• Form Ds and accompanying maps

Applications are registered on the date that Northamptonshire Highways receives an application which complies fully with paragraph 1 of Schedule 14 to the Wildlife and Countryside Act 1981 (application accompanied by a map and copies of evidence in support - as detailed in points 1, 4 and 5 above).

Applications can be submitted prior to the serving of notice of the application on the landowners and occupiers (Forms B and C - points 2 and 3 above - to comply with paragraph 2 of Schedule 14 to the Wildlife and Countryside Act 1981), however Northamptonshire Highways would not commence investigating an application until this element has been complied with.

Applications are processed in date order of receipt. Occasionally we may have to take an application out of sequence, for example, if we receive a direction from the Planning Inspectorate or due to significant extenuating circumstances such as the granting of planning consent which would endanger the continued physical existence of the claimed route.

A Case Officer will be assigned in due course to investigate the application, which includes consultations as mentioned above. When the Case Officer completes the investigation, a report is produced. The report is then considered by the Officer with Delegated Powers at Northamptonshire Highways and a decision is made as to whether or not to make a DMMO based on the evidence.

If a DMMO is made, a period of 42 days is then allowed for objections or representations to be lodged. If any objections to the order are made, Northamptonshire Highways will try to resolve them. If they are unable to do so, all the associated papers will be forwarded to the Secretary of State for determination.

If you wish to object to a DMMO please read the Planning Inspectorate guidance on objecting to a public right of way order.

If no objections are made against the order, Northamptonshire Highways will confirm the order, making it effective.

If Northamptonshire Highways decide not to make a DMMO, a period of 28 days is allowed for the applicant to appeal against that decision, stating the grounds of the appeal. Again, Northamptonshire Highways will try to resolve the matter. If that cannot be done, the papers are sent to the Secretary of State for determination.

The GDPR impacts on how we manage and control the way we process personal data.

We do not request special category data. We only collect data which is strictly necessary in processing an application.

All personal data is supplied voluntarily at the applicant’s discretion and will be held and used by West Northamptonshire Council (WNC), North Northamptonshire Council (NNC), KierWSP and LGSS Law their agents and successor authorities or organisations only in so far as is necessary in order to facilitate the determination of an application for a Definitive Map Modification Order under the Wildlife and Countryside Act 1981.

More specifically, the data may be:

A) Stored electronically on a computer system operated by or on behalf of WNC and NNC.

B) Shared in whole or part with interested parties such as parish or district councils, user groups such as the Ramblers’ Association, landowners and any formal objectors to any order which may be made by WNC as a consequence of the application.

C) Shared with WNC’s formal decision maker in a report which will be available for public viewing on request.

D) In the event that an order is made and attracts objections the data will be shared with the Planning Inspectorate as forming part of WNC’s submission.

E) At a Public Hearing or Public Inquiry into an opposed order this data will be in WNC’s bundle of documents which will be available for inspection by any member of the public attending the Hearing or Inquiry.

F) The data will be retained in accordance with WNC’s formal data retention schedule as applicable at the time.

G) A copy of the application will appear on the register of DMMOs required to be kept under section 53B of the Wildlife and Countryside Act 1981 (as amended).

North Northamptonshire Council

Wildlife and Countryside Act 1981

The North Northamptonshire Council (County of Northamptonshire) Definitive Map Modification Order July 2024

This order is made by North Northamptonshire Council pursuant to Sections 53(2)(b) and 53(6) of the Wildlife and Countryside Act 1981 (“the Act”) because it appears to the Authority that The North Northamptonshire Council Definitive Map and Statement referred to in the Schedule to this Order requires modification in consequence of the occurrence of events specified in Section 53(3)(a) of the Act.

Since the 1 April 2021 North Northamptonshire Council has been established as the Unitary Authority pursuant to the Northamptonshire (Structural Changes) Order 2020 and has become the successor Highway Authority to Northamptonshire County Council and the District Authorities in Northamptonshire in relation to their Statutory Highway and Planning Functions and all rights and duties in relation to Highways and Planning are now vested in North Northamptonshire Council.

Now, therefore, the Surveying Authority in exercise of its powers under section 53(2)(a) and 53(2)(b) and 53(6) of the Act hereby make the following Order:

1. For the purposes of this Order the relevant date is 25 July 2024
2. The North Northamptonshire Council Definitive Map and Statement shall be modified as described in the Schedule to this Order and as shown on the maps annexed hereto
3. This Order shall take effect on the date it is made and may be cited as “The North Northamptonshire Council (County of Northamptonshire) Definitive Map Modification Order July 2024

The Common Seal of North Northamptonshire Council was hereunto affixed on the July 2024
In the presence of:

(the Officer appointed for this purpose)

Schedule

The North Northamptonshire Council Definitive Map is hereby modified in accordance with the descriptions in Part 1 below, the effect of such modifications being shown on the maps annexed hereto. The North Northamptonshire Council Definitive Statement is hereby modified as set out in Part 2 below.

Part 1

Modification of North Northamptonshire Definitive Map

1. Parish of Barnwell - Definitive Map Sheet TL08SW

By virtue of an Order made by Northamptonshire County Council dated 14 September 2017 pursuant to the Highways Act 1980 Section 119 (Public Bridleway MF2)).

Description of path to be deleted (MF2 (part))

That part of Public Bridleway MF2 to be stopped up commences at point A on the Order Map at National Grid Reference (‘NGR’) TL0481 8410 and then proceeds generally south east for approximately 118 metres to point B on the Order Map at NGR TL0485 8399. The route then proceeds generally south west for approximately 101 metres to point C on the Order Map at NGR TL0483 8389. It then proceeds west for approximately 34 metres to point D on the Order Map at NGR TL0479 8388. The route then proceeds 293 metres to terminate at point E on the Order Map at NGR TL0489 8362.

The existing route is shown on the Order Map by a bold solid black line between the points marked A - B - C - D - E. The existing route does not have a proved width.

Description of path to be added (MF2 (part))

That part of Public Bridleway MF2 to be added commences at point H on the Order Map at NGR TL0471 8399 and then proceeds generally in a south direction for approximately 168 metres to point G on the Order Map at NGR TL0471 8382. The route then proceeds south east for approximately 273 metres to terminate at point E on the Order Map at NGR TL0489 8362.

The route is shown by a bold broken line between the points marked H - G - E. The proposed new route will have a width of 3 metres and will have a natural surface.

By virtue of an Order made by Northamptonshire County Council dated 14 September 2017 pursuant to the Highways Act 1980 Section 119 (Public Bridleway MF2)).

As shown on Map 1 annexed to this Order.

2. Parish of Duddington with Fineshade - Definitive Map Sheet SK90SE

By virtue of an Order made by Northamptonshire County Council dated 22 June 2017 pursuant to the Town and Country Planning Act 1990 Section 257 and 261 (Public Footpaths MX12 (part) MX14 (part)).

Description of path to be deleted (MX12 (part))

That part of Public Footpath MX12 to be stopped up commences at National Grid Reference (“NGR”) SP 9914 0060 at point E on the Order map and then proceeds in a generally easterly direction for 214 metres to NGR SP 9933 0053 at point H on the Order map and is shown by a bold continuous black line between point E and H on the Order Map.

Description of path to be deleted (MX14 (part))

That part of Public Footpath MX14 to be stopped up commences at National Grid Reference (“NGR”) SP 9913 0057 at point F on the Order map and proceeds in a south easterly direction for 220 metres to NGR SP 9924 0037 at point I on the Order map and is shown by a bold continuous black line between point F and I on the Order map.

As shown on Map 2 annexed to this Order.

3. Parish of Duddington with Fineshade - Definitive Map Sheet SK90SE

By virtue of an Order made by Northamptonshire County Council dated 22 June 2017 pursuant to the Town and Country Planning Act 1990 Section 257 and 261 (Public Footpath MX18 (part)).

Description of path to be deleted (MX18 (part))

That part of Public Footpath MX18 to be diverted commences at National Grid Reference (“NGR”) SK 9952 0110 at point A on the Order map and then proceeds in a westerly direction for 32 metres to NGR SK 9949 0110 then in a generally south south westerly direction for 678 metres to point H to NGR SK 9933 0053 then south west for 183 metres to point I at NGR SK 9924 0037 and then continues for 41 metres to Point J at NGR SK 9921 0034 then continues in a westerly direction for 15 metres to NGR SK 9920 0034 at point K.

The existing route is shown by means of a continuous black line between the points A - H - I - J - K on the Order map. The existing route has a recorded width of 1.8 metres.

Description of path to be added (typographical error deleted removed) (MX18 (part))

The proposed new route of that part of Public Footpath Public Footpath MX18 to be diverted commences at National Grid Reference (“NGR”) SK 9952 0110 at point A on the Order map and then proceeds in a generally northerly direction for 77 metres to NGR SK 9950 0117 at point B and then in a generally west south westerly direction for 192 metres to NGR SK 9932 0111 at point C and then in a generally south south westerly direction for 471 metres to NGR SK 9921 0067 at point D then in a south westerly direction for 108 metres to NGR SK 9914 0060 at point E. The route then runs in a generally southerly direction for 35 metres to NGR SK 9924 0037 at point F and then continues south for 195 metres to NGR SK 9910 0037 at point G.

The diverted ( typographical error “existing” deleted for diverted) route is shown by a means of a dashed line between the points A - B - C - D - E - F - G on the Order map and will have a width of 1.8 metres.

As shown on Map 3 annexed to this Order.

4. Parish of Lowick - Definitive Map Sheet SP98SE

By virtue of an Order made by East Northamptonshire Council dated 15 January 2014 pursuant to the Town and Country Planning Act 1990 Section 257 (Public Footpath NH4 (part)).

Description of path to be deleted (NH4 (part))

The section of public footpath NH4 in the parish of Lowick to be diverted begins at a point marked A, at National Grid Reference (NGR) SP97432 80698. It travels North West for 60 metres to point B at NGR SP97394 80744, then slightly East of North for 7 metres to point C at NGR SP97396 80751. It then travels North West for 69 metres to point D at NGR SP97352 80804 and then slightly West of North for 94 metres to point E at NGR SP97339 80898, then North West for 37 metres to point F at NGR SP97311 80923 and finally West of North for 229 metres to point L at NGR SP97216 81131.

The route is shown by a solid black line on the attached map between points A - B - C - D - E - F - L.

Description of path to be added (NH4 (part))

The section of public footpath NH4 Lowick leaves the point A, NGR SP97432 80698 and then heads North West for 76 metres to point G at NGR SP97383. It then travels for 43 metres for 76 metres North East to point H at NGR SP97401 80795, then 124 metres North West to point I at NGR SP97347 80907.

The new path then travels for 32 metres slightly South of West to point J at NGR SP97318 80895, then 100 metres West of North to point K at NGR SP97274 80985 and finally 157 metres West of North to point L at NGR SP97216 81131 where the new path joins the existing route.

The new route is shown on the map by a broken black line between the points marked A - G - H - I - J - K - L.

The new path is 2 metres wide, throughout its length, defined by a 1.2 metre high post rail fence on its Eastern side between points A - G, H - I, and J - K.

The same fence lines the South Eastern side of the path between points G - H and its Northern side between points I - J.

The new path is unenclosed to the North of point K.

As shown on Map 4 annexed to this Order.

5. Parish of Rushden - Definitive Map Sheet SP96NE

By virtue of an Order made by East Northamptonshire Council dated 3 October 2000 pursuant to the Town and Country Planning Act 1990 Section 257 (Public Footpath UK10 (part)).

Description of path to be deleted (UK10 (part))

The section of public footpath UK10 in the parish of Rushden to be diverted is approximately 400 in length. ( typographical error replace 400 with 192 metres ) the entire section runs in a southerly direction from the junction with public path VC14 to a point between No.136 and 138 Northampton Road, in the town of Higham Ferrers.

Description of path to be added (UK10 (part))

The section of footpath to be diverted is approximately 190 metres long, commencing at Point A and extending in a south-easterly direction to Point B, as shown by a bold black line on the map annexed hereto. The proposal involves a slight diversion and shortening of the route between these two points, as shown by bold black dashes on the map annexed hereto.

As shown on Map 5 annexed to this Order.

6. Parish of Twywell - Definitive Map Sheet SP97NW

By virtue of an Order made by Northamptonshire County Council dated 8 August 2019 pursuant to the Highways Act 1980 Section 119 (Public Footpath PA3 (part) PA4 (part)).

Description of path to be deleted (PA3 (part))

That part of Public Footpath PA3 to be diverted commences at point C on the Order map at National Grid Reference (“NGR”) SP 9489 7843 and runs in a generally south-south easterly direction for approximately 194 metres to point E on the Order map at NGR SP 9497 7825.

The existing route is shown on the Order map by a continuous solid black line between points C - E. The existing route does not have a proved width.

Description of path to be deleted (PA4 (part))

That part of Public Footpath PA4 to be diverted commences at point A on the Order map at NGR SP 9473 7822 running in a south easterly direction for approximately 7 metres to point B on the Order map at NGR SP 9474 7821 then in a generally north easterly direction for 260 metres to point D (typographical error delete C add D) at NGR SP 9489 7843.

The existing route is shown on the Order map by a continuous solid black line between the points A - B - C. The existing route does not have a proved width.

Description of path to be added (PA3 (part))

The new route of that part of Public Footpath PA3 commences at point D on the Order map at NGR SP 9488 7841 and runs in a south easterly direction for approximately 184 metres to point E on the Order map at NGR SP 9497 7825.

The new route is shown on the Order map by a broken black line between points D – E. The proposed new route has a width of 2 metres throughout its length.

Description of path to be added (PA4 (part))

The new route of that part of Public Footpath PA4 commences at point A on the Order map at NGR SP 9473 7822 then runs in a generally north easterly direction for approximately 239 metres to point D at NGR SP 9488 7841 and then continues in a north easterly direction for 21 metres to point C at NGR SP 9489 7843.

The new route is shown on the Order map by a broken black line between points A - D - C. The proposed new route has a width of 2 metres throughout its length.

(There is a typographical error with the diversion as the termination point of PA3 is north of point C. PA4 should terminate at point D not at point C I have left the order unchanged but on Map info I have left the termination of PA3 as it should’ve been in order to maintain its original termination point).

As shown on Map 6 annexed to this Order.

7. Parish of Warmington - Definitive Map Sheet TL09SE

By virtue of an Order made by North Northamptonshire Council dated 19 January 2023 pursuant to the Town and Country Planning Act 1990 Section 257 and 261 (Public Footpath PD3 (part))

Description of path to be deleted (PD3 (part))

That part of Public Footpath PD3 Warmington to be diverted commences at point A on the Order Map at National Grid Reference (“NGR”) TL 0727 9180 where it then proceeds in a generally northerly direction for 280 metres to point B on the Order Map at NGR TL 0727 9208.

The existing route is shown by a bold black line between the points marked A - B on the Order Map.

Description of path to be added (PD3 (part))

The temporary new route of that part of Public Footpath PD3 to be diverted commences at point A on the Order Map at NGR TL 0727 9180 and then extends in a generally north westerly direction for 307 metres to point C on the Order Map at NGR TL 0708 9204 where it then continues in a generally east north-easterly direction for 196 metres to point B on the Order Map at NGR TL 0727 9208.

The new route is shown by a broken black line between the points marked A - C - B on the Order Map. The new length of Public Footpath PD3 will have a width of 1.8 metres.

As shown on Map 7 annexed to this Order.

Part 2

Modification of North Northamptonshire Definitive Statement Variation of particulars of path

1. Parish of Barnwell - Definitive Map Sheet TL08SW

By virtue of an Order made by Northamptonshire County Council dated 14 September 2017 pursuant to the Highways Act 1980 Section 119 (Public Bridleway MF2)).

Extract of Definitive Statement to be amended - Parish of Barnwell

Extract of Definitive Statement to be added - Parish of Barnwell

2. Parish of Duddington with Fineshade - Definitive Map Sheet SK90SE

By virtue of an Order made by Northamptonshire County Council dated 22 June 2017 pursuant to the Town and Country Planning Act 1990 Section 257 and 261 (Public Footpaths MX12 (part) MX14 (part)).

Extract of Definitive Statement to be amended - Parish of Duddington with Fineshade

Extract of Definitive Statement to be added - Parish of Duddington with Fineshade

3. Parish of Duddington with Fineshade - Definitive Map Sheet SK90SE

By virtue of an Order made by Northamptonshire County Council dated 22 June 2017 pursuant to the Town and Country Planning Act 1990 Section 257 and 261 (Public Footpath MX18 (part)).

Extract of Definitive Statement to be amended - Parish of Duddington with Fineshade

Extract of Definitive Statement to be added - Parish of Duddington with Fineshade

4. Parish of Lowick - Definitive Map Sheet SP98SE

By virtue of an Order made by East Northamptonshire Council dated 15 January 2014 pursuant to the Town and Country Planning Act 1990 Section 257 (Public Footpath NH4 (part)).

Extract of Definitive Statement to be amended - Parish of Lowick

Extract of Definitive Statement to be added - Parish of Lowick

5. Parish of Rushden - Definitive Map Sheet SP96NE

By virtue of an Order made by East Northamptonshire Council dated 3 October 2000 pursuant to the Town and Country Planning Act 1990 Section 257 (Public Footpath UK10 (part)).

Extract of Definitive Statement to be amended - Parish of Rushden

Extract of Definitive Statement to be added - Parish of Rushden

6. Parish of Twywell - Definitive Map Sheet SP97NW

By virtue of an Order made by Northamptonshire County Council dated 8 August 2019 pursuant to the Highways Act 1980 Section 119 (Public Footpath PA3 (part) PA4 (part)).

Extract of Definitive Statement to be amended - Parish of Twywell

Extract of Definitive Statement to be added - Parish of Twywell

7. Parish of Warmington - Definitive Map Sheet TL09SE

By virtue of an Order made by North Northamptonshire Council dated 19 January 2023 pursuant to the Town and Country Planning Act 1990 Section 257 and 261 (Public Footpath PD3 (part)).

Extract of Definitive Statement to be amended - Parish of Warmington

Extract of Definitive Statement to be added - Parish of Warmington

Map 1

Map 2

Map 3

Map 4

Map 5

Map 6

Map 7