Guidance

Schedule 14 Direction Guidance

Updated 15 March 2021

Applies to England

Anyone who has applied to the local highway authority for a modification to the area’s definitive map and statement and has not been advised of the authority’s decision within 12 months, can apply in writing to the Secretary of State for a direction. The Secretary of State may direct the authority to decide the application by a certain date. (A request for a direction cannot be made if the authority has deemed the application to be invalid. Schedule 14(1) of the Wildlife and Countryside Act 1981 sets out the form and notice for applications. Schedule 7 of The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 SI 1993 No.12 also refers.)

The 12 months is calculated from the date the authority receives the certificate from the applicant showing that the requirements of Schedule 14 paragraph 2 of the Wildlife and Countryside Act have been complied with.

There are no requirements to notify the landowner of the direction request because a direction only requests the authority consider the application, not make the order. On considering the application the local authority may decide to reject it at which point no notification is required, as nothing has changed.

If the local authority decides to make an order, it must notify the landowner and the public, to allow for interested parties to make their views.

If you wish to make a direction, there is no formal application form, however, you will need to send us a letter or email (email is preferred, please see below) with the following:

• That you are applying for a direction;
• a copy of your original application and map (but not on the accompanying evidence, the Inspector will make a determination on the direction request and not on the evidence for the application itself);
• a copy of the certificate regarding service of the notice of the application on the owners and occupiers of the land to which the application relates;
• if you consider that there are any special circumstances you consider, that were not set out in the original application that you wish the Secretary of State to consider in deciding whether to issue a direction.

The Secretary of State takes several issues into account in considering how to respond to such requests and whether they should direct an authority to determine an application for an order within a specific period.

These issues include:

• any statement made by the authority setting out its priorities for bringing and keeping the definitive map up to date;
• the reasonableness of such priorities;
• any actions that the authority has taken or expressed intentions to take or further action on the application in question;
• the circumstances of the case, and any views expressed by the applicant.

These should be sent to:

Rights of Way Team
The Planning Inspectorate Room 3A Eagle
Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN

Or forwarded to rightsofway2@planninginspectorate.gov.uk.

The decision is made following an administrative assessment of the written cases put forward by the applicant and the order making authority.

All Schedule 14 direction decisions issued on or after 15 August 2012 will be available online.

How we use your information

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Guidance revised April 2020