Public footpaths, bridleways, restricted byways and byways open to all traffic are recorded on Definitive Maps and Statements. These maps and statements provide conclusive legal evidence of the existence of public rights. Oxfordshire County Council is responsible for the Definitive Map and Statement for Oxfordshire and has a duty to amend them when evidence suggests that they are inaccurate or incomplete. Such amendments are made by means of Orders made under the Highways Act 1980 and the Wildlife and Countryside Act 1981. These Orders do not come into effect until confirmed. If there are objections which are not subsequently withdrawn, the council must refer the Order and objections to the Department for Environment, Food and Rural Affairs which will decide whether or not to confirm the Order.
The council has made an Extinguishment Order under section 118 of the Highways Act to delete the entire width of part of Footpath No. 1 in the parish of Little Tew running from OS Grid Ref SP 38619 28477 (Point A on the Order plan) generally north-eastwards for approximately 16m to SP 38630 28489 (Point B).
Oxfordshire County Council has made this Order because a mistake was made in the drafting of an Order to divert Footpath 1 to enable development to be carried out in 1976. This resulted in a 16 metre long cul-de-sac section remaining on the map in error which has never been part of the walked route of the path on the ground. The evidence on which the decision is based is set out in the determination report, which is available on request by emailing rightsofwaylegal@oxfordshire.gov.uk
Objections or representations relating to the Order must be made in writing to Countryside Access Legal, Oxfordshire County Council, County Hall, Oxford OX1 1ND, or rightsofwaylegal@oxfordshire.gov.uk no later than 16 October 2026, and must include particulars of the grounds relied on. To be relevant, objections or representations should relate only to the question of the existence or status of rights of way. If there are any objections which are not withdrawn, the council must refer the Order and objections to the Department for Environment, Food and Rural Affairs who will appoint an independent Inspector to consider the Order and hear the objections, normally by holding a public inquiry. Objectors will be contacted prior to this if it appears that the representations or objections do not relate to any matters that an Inspector can take into consideration. The Inspector cannot, for example, consider the suitability of the way for public use or any other effects of confirming an Order.
The inspector may confirm the Order, with or without modifications, or may decide that the Order should not be confirmed. Alternatively, the matter may be determined through written representations or a hearing. If there are no objections to the order, or if any made are withdrawn, the council may confirm the Order, and the Definitive Map and Statement will then be modified.
The Council will be willing to discuss the concerns of those objecting or making representations relating to the order. Please contact the Countryside Access Legal Officer on 07789 653140. The right of objection to an order is a statutory right, but it should be exercised in a reasonable manner. The council’s costs involved in dealing with objections to orders are normally awarded against objectors only in cases of unreasonable behaviour.
For further information about definitive maps and statements and associated modification orders, see the booklet A guide to definitive maps and changes to public rights of way (NE112), available from Natural England at https://www.gov.uk/government/publications/definitive-maps-of-public-rights-of-way-change-the-legal-records
GDPR and Data Protection Act: The County Council will consider all correspondence, objections and representations received in response to this order. They may be disseminated widely for these purposes and made available to the public.
