Public Rights of Way

Definitive Map and Statement

Definitive Map

In this section:

  • Definitive Map and Statement History.
  • The Isle of Wight Definitive Map and Statement 2000.
  • Section 31 Deposits and Register.
  • Modification Order Application Register.

Definitive Map and Statement History

In 1949 all county councils in England and Wales were given the duty of surveying and mapping all public rights of way in their area, classifying them as footpaths, bridleways or roads used as public paths (now called byways open to all traffic (BOATs)). The surveys had three stages: draft, provisional and definitive. The definitive maps would be taken as conclusive evidence that a path shown was a public right of way at the date the map was prepared.  Similarly a statement in respect of each path recording particulars was deemed to be conclusive evidence of such matters recorded therein on the position, width, conditions and limitations.

The original definitive map for the Isle of Wight was produced in 1952 and reviewed in 1968. The current edition of the Definitive Map and Statement for the Isle of Wight has a ‘relevant date’ of 29th February 2000.

The Isle of Wight Definitive Map and Statement 2000

The Isle of Wight Definitive Map 2000 is based on the Ordnance Survey 1:10,000 map for the Isle of Wight. The map is available for inspection at the offices of the Rights of Way department, in all Isle of Wight public libraries, and the Record Office, Hillside, Newport. It is also available to view online (see below).  The map is for public inspection and reference only and must not be copied without permission of the owner.

The Definitive Map and Statement is conclusive proof of the existence and status of a right of way at the relevant date (29th February 2000). Where the map shows a footpath, bridleway or byway, the map is conclusive evidence that there was at the relevant date a highway as shown.

The Definitive Map and Statement may only be changed by and according to an Order made by the Council. The Council has a duty to continuously review and update the Definitive Map and Statement so it forms an accurate record of the public rights of way network.

The Isle of Wight Definitive Map and Statement is divided into the 20 parishes which existed in 1952. Each public right of way is numbered and identified with the parish prefix initials e.g. BS100 is path number 100 in the parish of Brighstone.  The parish prefix and number system is the Council’s way of identifying all of the paths on the island. You will find this path number on most of the signs that show the rights of way network.

(A) Arreton; (B) Brading; (BB) Bembridge; (BS) Brighstone; (C) Chale; (CB) Calbourne; (CS) Cowes; (F) Freshwater; (G) Gatcombe; (GL) Godshill; (N) Newport; (NC) Newchurch; (NT) Niton & Whitwell; (R) Ryde;  (S) Shalfleet; (SS) Sandown & Shanklin; (SW) Shorwell; (T) Totland; (V) Ventnor; (Y) Yarmouth.

The online digital definitive map can be viewed on our Digital Definitive Map page by clicking here.  

However, please be aware that the relevant date for this map is 29th February 2000. Changes have occurred to the rights of way network since this date e.g. by diversion or extinguishment orders. For details of changes please view the curent list by clicking here (PDF, 45KB 2 pages).  If you would like more information regarding any of the changes, please click here to use the 'Send a message to this service' form. 

The viewing of the Digital Definitive Map 2000 must not be used in substitution of obtaining a Local Land Charges Search (optional question 5.1), the result of which will provide the accurate situation taking into account changes to the rights of way network since 29th February 2000.

Section 31 Deposits and Register

To prevent members of the public creating new rights of way across land, landowners can deposit with the Council a statement, map and a description of their land and any rights of way crossing it. This is known as a “Section 31 Deposit” as it is made pursuant to Section 31(6) of the Highways Act 1980.  Further information regarding Section 31 Deposits generally and how to make an application is set out below:

Public rights of way can come into being having been deemed to be dedicated. This occurs through 20 years’ uninterrupted use by the public giving rise to a presumption that the way was intended to be dedicated as a right of way by the landowner. The period of 20 years is counted back from the date on which the public’s right to use the path was first brought into question or challenged.  A Section 31 Deposit is needed to challenge both the public’s right to use a non-definitive path and to show an intention by the landowner not to dedicate new rights of way across their land.

The effect of making a Section 31 Deposit is:

  • It is possible to allow continued informal use of a route (e.g. by local people), without fear of a public right of way being claimed on the basis of future use from the date of the Deposit.
  • Where a route has been used informally, for less than 20 years, it will not be possible for a right of way to be claimed through deemed dedication (although a claim at common law may still be possible).
  • Any new routes will automatically be protected from the outset from the possibility of any claim.

The Deposit will have no effect on the existence of public rights of way already shown on the Definitive Map or on any rights which have already been established before the Deposit i.e. claims based on historical evidence or through 20 years use prior to the first Section 31 Deposit.   However, making a Deposit will immediately fix a point at which any unacknowledged rights are brought into question. For subsequent claims, the 20 year period would be counted back from the date of the Deposit.   If these claims succeed, the Deposit documents should be revised.

The Council is required to maintain a Register of Section 31 Deposits and details of Deposits are set out below.  The Register is available for public inspection at the Public Rights of Way department, County Hall, High Street, Newport, Isle of Wight, PO30 1UD during normal office hours (9.00am – 5.00pm Monday to Friday). Please click here to use the 'Send a message to this service' form to arrange an appointment before arrival to ensure a member of staff is available to assist.

As of 1st October 2013, Statements can be made in respect of either rights of way or village greens, or to cover rights of way and village greens.  Statements, but not necessarily the map, will need to be renewed every 20 years in respect of applications made after 1st October 2013 (every 10 years for Statements / Deposits made before 1st October 2013).

For village greens, under section 15A of the Commons Act 2006, landowners can deposit a statement (with map) which brings to the end any period of recreational use ‘as of right’.

Application Process

  • To apply click here to complete the Application for Deposits Form (PDF, 150KB, 9 pages).
  • Applications need to be accompanied by a fee of £265 to cover the Council’s costs of logging the application, making it available on our website and paper register.  
  • If the map lodged with the application is larger than A3, please provide an electronic copy PDF form. 
  • If a PDF electronic copy is not supplied then a further fee of £25 will be payable in order to cover the cost of converting the paper copy of the map into electronic form for publication on the Council’s website. 

Please note: these charges will be reviewed annually.


If you have any further questions, contact details are as follows:

In respect of s31(6) Highways Act 1980 deposits:

Public Rights of Way
County Hall
High Street
Newport
Isle of Wight
PO30 1UD

Tel: 01983 821000
Email: rightsofway@iow.gov.uk

In respect of s15A(1) Commons Act 2006 deposits:

Tree Team – Development Control
Seaclose Offices
Fairlee Road
Newport
Isle of Wight
PO30 2QS

Tel: 01983 823893
Email: trees@iow.gov.uk

 

Current S31 Notices of Application:

25/07/17 - Woodhouse Farm, Barton Estate, Whippingham, IW, PO32 6NU - Application form and map

01/09/17 - New Barton Farm and land at Kingston Farm, Barton Estate, Whippingham, IW, PO32 6LD  -  Application form and map

Register of Landowner Section 31(6) of the Highways Act 1980 deposits  - Statements made AFTER 1 October 2013

 

Ref  Address 

OS Grid Ref

Date Received by IW Council  Expiry Date   Map
 CSs31(1)

Crockers, Rew Street, Gurnard, Cowes, IW, PO31 8NU includes beach chalet, garden, cliff and foreshore to mean high water

 47086

95363

 7th April 2014  2nd April 2034  Crockers
 CSs31(2) Norris Castle Estate and Norris Lodge of New Barn Road, East Cowes, IW, PO32 6AZ registered under Land Registry Title numbers IW68975 & IW40341

 51546

96194

 28th April 2015  10th April 2035  Norris

 CSs31

(3)

Nine various locations within the Barton Manor Estate, Whippingham, IW, PO32 6LB   14th June 2017  4th June 2037  Barton

Register of Landowner Section 31(6) of the Highways Act 1980 deposits  - Statements made BEFORE 1st October 2013    

 

Address or description of land  Date first received by IWC  Expiry date Map or contact Rights of Way if not on line
 Perreton Farm, Arreton  05 March 2013  05 March 2023   Perreton
 Land at Bayfields, Cowlease Hill  27 April 2012  27 April 2022  Bayfields

Original - New Barn Farm, Apse Heath

Declaration - New Barn Farm, Apse Heath 

 31 January 2012

27 December 2016

 31 January 2022

27 December 2026

 New Barn Farm

New Barn Farm - revised map

 Upper Hyde Farm, Shanklin  31 January 2012  31 January 2022  Upper Hyde Farm

 Waters Edge, Pier Road, Seaview,

 PO34 5BN

 13 September 2011  13 September 2021  Waters Edge
 America Woods, Shanklin  15 June 1992  28 June 2021  America Woods

 Old Corn Barn, Main Road, Thorley,

 PO41  0SX

 01 November 2011  01 November 2021  Old Corn Barn
 Fort Redoubt, Freshwater Bay  15 November 2010  15 November 2020  Fort Redoubt
 3 X parcels of land known as:  Castle Gardens, Papermill & Little Buck at Froglands Farm, Carisbrooke  13 September    2010  13 September 2020  Froglands
 Tapnell & East Afton Farms  02 August 2010  02 August 2020  Tapnell & East  Afton
 Werrer Farm, Nr Newport / Northwood  26 October 2009  26 October 2019  Werrer
 Nodnewel, Pier Road, Seaview, PO34 5BN  13 July 2009  13 July 2019  Nodnewel
 Summers Court, Freshwater  04 June 2009  04 June 2019  Summers
 Brading Marshes  16 February 2009  16 February 2019  Brading
 Cooks Castle Farm, Wroxall  27 February 1997  9 March 2019  Cooks Castle
 Nunwell Estate, Brading  24 July 2007  24 July 2017  Nunwell
 Manor Farm, Wellow  21 November 2007  21 November 2017  Manor Farm
 Land at Rookley Nr Hillcrest Road  12 October 2006  12 October 2016  Rookley
 Newclose Farm, Nr Newport / Arreton,  29 September 2006  29 September 2016  Newclose
 30 Buckland Gardens, Ryde, PO33 3AG  24 May 2007  24 May 2017  30 Bucklands
 28 Buckland Gardens, Ryde, PO33 3AG  01 February 2007  01 February 2017  28 Bucklands

 Old Coach House, Calbourne Road, Swainstone, PO30 4HX

 10 October 2006  10 October 2016  Old Coach House
 Stables & land adjoining NT120 Bannock Road, Whitwell  17 February 2006  17 February 2016  Bannock
 Land at Three Gates Farm, Calbourne  07 December 2004    
 Great Park Estate, Fulford holding & Heathfield Farm, Nr  Newport  02 December 2001    
 Part of Westcourt Farm (now part of Northcourt)  23 November 2001    
 Land at Nettlestone (north of Longlands Copse)  11 August 2001    
 Little Atherfield Farm, Shorwell  19 May 2000    
 Bowcombe Estate  11 November 1999    
 Great Park Farm, Newport  30 May 1999    
 Godshill Park Farm  08 May 1999    
 Thorley Manor Farm & Kings Manor, Freshwater / Yarmouth  20 April 1994     
 Land off Perowne Way, Sandown  22 February 1999    
 Downcourt Farm, Whitwell  17 April 1998    
 Land at Marsh Road, Gurnard  27 May 1997    
 Thorncross Farm, Brighstone  11 June 1997    
 Land at and surrounding Scotland Farm, Godshill  13 May 1996    
 Land surrounding Merrie Gardens Farm, Bigbury Farm, Batchelors Farm, Rill Farm, Corve Farm Chale, Rookley Green and land at Billingham  09 November 1995    
 Eades Farm, Newbridge  19 June1995    
 Harbour Farm, Bembridge  02 October 1992    
 Brighstone Forest  13 January 1994    
 Moor Farm, Godshill  28 June 1993    
 Land at and near Ashengrove Farm, Calbourne  28 January 1993    
 Roadway adjacent to Fishbourne ferry terminal  24 February 1992    
 Briddlesford Estate, inc  Fernhill & Littletown  03 June 1992    
 Path at Rew Down, Ventnor  04 April 1992    
 Randalls Passage, 32 High street, Ventnor  12 March 1992    
 Land adjacent to N218 and Medina Link Road  23 March 1989    

  

Modification Order Applications and Register

A Modification Order changes the Definitive Map and Statement in one or more of the following ways:

  • By adding a footpath or bridleway (public path) or a byway not previously recorded on the Map and Statement.
  • By deleting a public path or byway previously shown on the Map and Statement.
  • By altering the status of a recorded path or byway (e.g. by upgrading a footpath to a bridleway).
  • By amending the details of position or width of a path or byway which are recorded in the Statement.      

An application can be made to the Council for a Definitive Map Modification Order and provided it is correctly made and supported with sufficient evidence, the Council has a legal duty to investigate and decide whether a Modification Order should be made. The whole basis for making Definitive Map Modification Orders hinges on there being sufficient evidence that the Definitive Map and Statement is incorrect and needs to be modified. It is essential to realise that no matter how desirable a change or modification may be, the Council cannot make an order as applied for unless there is sufficient evidence.  If you wish to make an application then please contact the Rights of Way department and request an application pack which will provide full details of the procedure and include the necessary application forms.

Pursuant to the Countryside and Rights of Way Act 2000, the Council is required to keep a Register of Applications made under Section 53(5) of the Wildlife & Countryside Act 1981 and to make it available for public viewing. 

To view the Modification Register please click here. (PDF, 20KB, 3 pages)