🥾 Do you know what the Definitive Map is, and why it might differ from your Ordnance Survey map? 🗺️

If you’ve ever compared an OS Explorer or Landranger map to local council records, you might have noticed some subtle differences!

Here’s why:

📌 The Definitive Map is the legal record of Public Rights of Way. If a route is on the Definitive Map, it exists in law, regardless of what is on the ground.

📌 OS Maps show topographic features. While OS maps are brilliant for navigation, if you look closely at the disclaimer at the bottom of a paper map, you’ll see that the representation of a road, track, or footpath is not evidence of a public right of way!

You can find links to the Definitive Maps for WBC and CWAC below:

Wirral Borough Council 🔗  Wirral Definitive Map

Cheshire West and Chester 🔗 Cheshire West and Chester Definitive Map...

Interested in how these legal records came to be? The Ramblers have a brilliant guide on the history of Public Rights of Way:

🔗 Ramblers Article

You may have spotted permissive paths around Wirral, particularly around Thurstaston and Arrowe Park. But how do they differ from ordinary public rights of way?

A permissive path crosses private land and is available because the landowner has given permission for people to use it. That is different from a public right of way, where the public has a legal right to pass along the route.

Key Features of Permissive Paths

• Access Types 🚴‍♀️: Depending on the individual path, permission might extend to walkers, cyclists, or horse riders. For example, a permissive arrangement may allow horse riders to use a route that is otherwise recorded as a public footpath, such as FP11 next to Frankby Cemetery.

• Temporary Closures 🛑: An interesting feature of permissive paths is that landowners may deliberately close them for a short period, sometimes just one day each year. This helps demonstrate that public use is with the landowner's permission and is not uninterrupted use "as of right". The closure should be made clear to users, for example by closing access and putting up signs explaining that the path is temporarily closed.

• Landowner Protections 📜: Landowners may display permanent signs stating that a path is used "by permission", impose conditions on its use, or reserve the right to withdraw permission. Another option is to deposit a statement and map under section 31(6) of the Highways Act 1980, recording that they do not intend to dedicate additional public rights of way over their land.

• Map Markings 🗺️: On OS maps, permissive routes are shown in orange, and they are also available as a separate layer on the Wirral Council definitive map.

In Short - If you come across a permissive path that is closed for a day, it does not necessarily mean that the path is being lost! It may simply be the landowner taking steps to make clear that the route remains permissive rather than becoming a permanent public right of way.

🔗 More information: CPRE: Permissive to Public - Know Your Pathways

There are many issues that can be reported to the council:

• Ploughed/cropped field*

• Physical obstructions

• Animals (e.g. dogs, bulls** etc)

• Surface issues, e.g. flooding

• Damaged stiles/gates

• Overgrowth

• Damaged bridges/boardwalks

• Damaged/missing Waymarkers or Fingerposts

• Mapping issues

• Anti-social behaviour (e.g. cyclists/mootorbikes)

• Lots of litter

Government Advice 

*Ploughing/Cropping

The landowner must not cultivate (eg plough) footpaths or bridleways that follow a field edge. The minimum width they need to keep undisturbed is:

• 1.5 metres for a field edge footpath

• 3 metres for a field edge bridleway

They should avoid cultivating a cross-field footpath or bridleway. If they have to cultivate, they have to  make sure the footpath or bridleway:

• remains apparent on the ground to at least the minimum width of 1 metre for a footpath or 2 metres for a bridleway, and is not obstructed by crops

• is restored to at least the minimum width so that it’s reasonably convenient to use within:

• 14 days of first being cultivated for that crop

• 24 hours of any subsequent cultivation, unless a longer period has been agreed in advance in writing by the highway authority

**Animals:

Bulls of recognised dairy breeds (Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) that are over the age of 10 months are banned by law from fields containing a public right of way.

Bulls over 10 months of any other breed must be accompanied by cows or heifers when in fields with public access.

Any warning notices relating to a bull are displayed only when it is actually present in a field.

Horses may be kept loose in fields crossed by public rights of way, as long as they are not known to be dangerous.