Definitive Map and Statement

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. They needed to classify them as footpaths, bridleways or roads used as public paths. These are 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.  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 29 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.  Please note: our offices are currently closed due to Covid-19 restrictions.
• All Isle of Wight public libraries.
• Record Office, Hillside, Newport. 
• Its maps is also available to view online at Digital Definitive Map web page. 

The following are the pages which precede the maps in the printed Definitive Map & Statement book.

01 Front Cover

02 Second Page

03 Contents

04 Introduction

05 Definitive Map & Statement Recording Public Rights of Way

06 Legal Effect of the Definitive Map & Statement - Part III Section 56

07 The Relevant Date Section 52(2) a & b - Section 57(4) 

08 Continuous Review Part III Section 53 - future modifications of the map & statement

09 Modification Orders & Application Section 52(2) Schedules 14 & 15

10 Key to Rights of Way & maintenance of paths

11 Path Numbering - urban & parish boundaries

12 List of page numbers & main place names

13 Key Plan of Map Pages

14 The maps 

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 (29 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 maps can be viewed on our Digital Definitive Map web page. The relevant date for this map is 29 February 2000. Changes have occurred to the rights of way network since this date. For example by diversion or extinguishment orders. For details of changes please view the current definitive map changes list. If you would like more information regarding any of the changes, please email rightsofway@iow.gov.uk. 

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 29 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 email rightsofway@iow.gov.uk to arrange an appointment before arrival to ensure a member of staff is available to assist. Please note: our offices are currently closed due to Covid-19 restrictions.

As of 1 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 1 October 2013 (every 10 years for Statements / Deposits made before 1 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

• Complete the Application for Deposits Form
• Pay a £265 fee to cover the Council’s costs of logging the application, making it available on our website and paper register.  
• Renewals have a £65 fee.
• If the map lodged with the application is larger than A3, please provide an electronic copy in PDF format. 

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

• s31(6) Highways Act 1980 deposits: Public Rights of Way, County Hall, High Street, Newport, Isle of Wight, PO30 1UD. Email: rightsofway@iow.gov.uk Telephone: 01983 821000

• s15A(1) Commons Act 2006 deposits: Tree Team – Development Control, Seaclose Offices, Fairlee Road, Newport, Isle of Wight, PO30 2QS. Email: trees@iow.gov.uk Telephone: 01983 823893

 

Current S31 Notices of Application: 

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	Map
CSs31(1)	Crockers, Rew Street, Gurnard, Cowes, IW, PO31 8NU includes beach chalet, garden, cliff and foreshore to mean high water	47086 95363	7 April 2014	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	28 April 2015	Norris
CSs31 (3)	Nine various locations within the Barton Manor Estate, Whippingham, IW, PO32 6LB		14 June 2017	Barton
CSs31 (4)	Woodhouse Farm, Barton Estate, East Cowes, PO32 6NU	52530 939	25 July 2017	Woodhouse
CSs31 (5)	New Barton Farm, East Cowes, PO32 6LD - land laying either side of Mount Road on the Barton Estate & land at Kingston Farm north of Whippingham church	5294 3613 and 50937258	5 September 2017	New Barton Farm
CSs31 (6)	The Hermitage, Whitwell, PO38 2PD	449801 / 78843	27 December 2018	The Hermitage
CSs31 (7)	RSPB Nature Reserve - Brading Marshes	462509 / 87898	4 January 2019	RSPB
CSs31 (8)	Summers Court, Freshwater	432986 / 86731	13 June 2019	Summers Court
CSs31 (9)	Land at Rowborough Estate, Bowcombe and Hill Farm and Garstons Farm, Gatcombe	SZ448 862 SZ489 856	9 October 2019	Rowborough/Hill Farm / Garstons
CSs31 (10)	Land at Fernhill, Wootton Bridge	SZ544 917	9 October 2019	Fernhill
CSs31 (11)	Papermill Field & Castle Garden Field adjacent to Carisbrooke Castle	448604/87455	01 July 2020	Papermill / Castle Garden
CSs31 (12)	Combley Farm, Downend	454437/87625	27 July 2020	Combley
CSs31  (13)	Land at Somerton Farm, Northwood	SZ495941	11th November 2020	Somerton 1
CSs31 (14)	Land at Somerton Farm, Northwood	SZ492943	11th November 2020	Somerton 2
CSs31 (15)	Gotten Leaze Farm, Calbourne	SZ425855	11th November 2020	Gotten Leaze
CSs31 (16)	Ashengrove Farm, Calbourne	SZ443873	2nd January 2021	Ashengrove
CSs31 (17)	Land to the north & south of Steyne Road, Bembridge	SZ64268759 SZ64528732	26th April 2021	Thornycroft
CSs31 (18)	Calving Close Copse & Land at Medham Farm Lane	SZ499 938	14th December 2021	Medham land / Calving Close Copse
CSs31 (19)	Land at Apse New Barn Farm, Apse Heath	56482 / 82843	1st January 2022	Apse New Barn Farm
CSs31 (20)	Land at Apse New Barn Farm, Apse Heath (solar park)	566/828	18th August 2022	Apse New Barn Farm (solar)
CSs31 (21)	Upper Hyde Farm, Shanklin	571 / 818	18th August 2022	Upper Hyde Farm
CSs31 (22)	Priory Bay Hotel, Seaview	SZ6322490320	12 September 2022	Priory Bay Hotel

Register of Landowner Section 31(6) of the Highways Act 1980 deposits  - Statements made before 1 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. 

View the Modification Register