Anyone can apply for a Definitive Map Modification Order (DMMO) if they consider that a public right of way is either:
- Not recorded on the Definitive Map and Statement, or
- Recorded on the Definitive Map and Statement but should be shown as a way of a different status, or
- Recorded on the Definitive Map and Statement but should no longer be recorded.
Applications must be supported by evidence of use and/or evidence contained in historic documents.
If you wish to apply for a DMMO please download a Definitive Map Modification Order Pack below.
As the 'Surveying Authority' Cornwall Council must keep a register of validated Definitive Map Modification Order applications. These applications are made under Section 53(5) of the Wildlife and Countryside Act 1981.
Applications are listed on this register in order of priority.
The Definitive Map Modification Order Pack provides advice on how to make an application to add or upgrade a right of way. It also includes important guidance and copies of all of the required forms.
Before making an application we recommend you speak to an officer in the Countryside Access Team. Contact details are below.
Before applying to remove a path on the Definitive Map and Statement, please read Deletion or Downgrading of a Public Right of Way.
Submitting an application for a Definitive Map Modification Order is a statutory process. Applicants, users and landowners may have to make statements. These statements will be considered as evidence by the Council to determine whether public rights of way exist over private land.
The outcome of an application may depend on evidence provided by applicants. It is important for all potential applicants to understand that they may commit the offence of fraud under Section 1 of the Fraud Act 2006 if they:
- dishonestly enter information
- make a statement that is, or might be known to be, untrue or misleading with the intention to make a gain for themselves or another person
- cause loss or the risk of loss to another person
The maximum penalty is 10 years imprisonment or an unlimited fine, or both. So, potential applicants may wish to seek their own legal advice before making an application.
A potential applicant may seek advice at their own expense from a consultant specialising in rights of way. Cornwall Council does not offer this service. Without making a direct recommendation or endorsement, The Institute of Public Rights of Way and Access Management (IPROW) website includes a list of registered experts who may help.
Please note: Cornwall Council accepts no liability for advice provided by an independent person. Any decision to use consultants is at an applicant's own risk.
If you are a Landowner or Occupier, you may receive notification of a DMMO application on your land. Please consult our Frequently Asked Questions for further information.
If the notification is in the form of notices erected on your land, please make yourself known to the applicant, or to Cornwall Council. You can telephone Cornwall Council on the number below or email DMMOConsultations@cornwall.gov.uk. This is to ensure that you are included correctly in future correspondence.
In due course, Cornwall Council will contact you formally and ask you to supply your evidence as Landowner/Occupier. A Landowner/Occupier Evidence Form can be downloaded below. This form contains Guidance notes and links to additional information. Please note that the purpose of this form is to gather evidence, it is not the time to object. There will be an opportunity to object at a later stage.
Documentation for current Definitive Map Modification Order reports is published on the DMMO Reports page. Here you will find examples of the types of cases routinely considered by Cornwall Council. You can also see the types of evidence considered by the Council when making a decision on an application.
For further information, please see A guide to definitive maps and changes to public rights of way - 2008 Revision (Natural England)