Public rights of way
Recent developments
Introduction to rights of way
Rights of way are minor public highways that exist for the benefit of the community at large, in much the same way as the public road network does. They are the most widely recognised opportunity for the public to enjoy the English countryside. In England there are about 188,700 kilometres of public rights of way. These are made up of:
Footpaths – (146,600
km) over which the right of way is on foot only;
Bridleways – (32,400 km) for pedestrians, horse riders and bicyclists (who must give way to people on foot or on horseback); and
Byways open to all traffic (BOATs) - (3,700 km) carriageways over which the right of way is on foot, on horseback and for all vehicular traffic (including mechanically propelled vehicles, but which are used mainly for the purposes for which footpaths and bridleways are used (i.e. by walkers and horse riders). Use the following link for more on the use of mechanically propelled vehicles on rights of way.
Restricted byways – (6,000 km). carriageways over which the right of way is for all types of traffic except mechanically propelled vehicles. Currently most of these are former Roads Used as Public Paths (RUPPs) re-designated en-masse, by the Countryside and Rights of Way Act 2000, on 2 May 2006. Part 6 of the Natural Environment and Rural Communities Act 2006, has curtailed the recording of public rights of way for mechanically propelled vehicles on the definitive map and statement. However the Act makes it possible for many rights of way that would formerly have been recorded as byways open to all traffic to in future be recorded as restricted byways instead. Use the following link for more on restricted byways. Use the following link for guidance on the restricted byway provisions and the rights of way provisions in the Natural Environment and Rural Communities Act.
Definitive maps and statements
Surveying authorities (usually county councils or unitary authorities) are required to produce a definitive map and statement showing the rights of way that exist in their area. They have a duty to keep these maps up to date and to investigate any evidence that suggests a way has been left off the map in error, has been recorded incorrectly, or was included on the map in error.
Anyone may make an application to their surveying authority to modify the definitive map or statement. Once an authority has received an application they have a duty to consider whether to make an order to modify the map or statement.
If they fail to make this decision within twelve months, the applicant may request the Secretary of State to direct the authority to make the order within a prescribed time. If the authority decides there is insufficient evidence to justify an order to modify the map, the applicant may appeal to the Secretary of State. In either case, the Defra National Rights of Way Casework Team (at the Government Office for the North East) considers the request or appeal on behalf of the Secretary of State.
Where an authority makes an order, it enters into a process of public
consultation. This involves notifying landowners and prescribed organisations
(such as the Ramblers’ Association, British Horse Society, Byways
and Bridleways Trust and the British Driving Society) as well as placing
a notice on the route and in a local newspaper. Once the consultation
period is over the authority may confirm the order themselves or, if
there have been representations or objections, they must submit the order
to the Secretary of State.
In the case where representations or objections are received, it is the Planning Inspectorate that carries out the Secretary of State’s role and a public inquiry will normally be held so that an Inspector may consider the arguments for and against the order. The Inspector then has the choice of confirming the order as made by the local authority, confirming the order with modifications, or not confirming the order. If modifications are made that change the overall effect of the order then a new round of public consultation is required, which may lead to a further public inquiry.
All Surveying Authorities are required to keep a register of applications to modify the definitive map and statement - Guidance for the Register of Definitive Map Modifications (58 KB). They are also required to keep a register of declarations lodged and maps and statements deposited under section 31(6) of the 1980 Act. These declarations and statements enable landowners to formally acknowledge public rights of way across their land and, in doing so, create a presumption that they have no intention to dedicate any further routes across their land - Guidance for the Register of Highway Act Declarations (66 KB)
The Countryside and Rights of Way Act 2000 provides for a cut-off date, of 1 January 2026, after which rights of way already in existence on 1 January 1949 and not shown on the definitive map and statement by 2026 will be extinguished. Following a review of the Discovering Lost Ways project, which aimed to research and record these historic rights of way before the cut-off date, Natural England are setting up a stakeholder working group to examine whether a different approach to completion of definitive map and statement should be adopted. Defra has confirmed that the cut-off date legislation will not be implemented until the stakeholder working group has reported on its conclusions.
Making changes to the rights of way network
Local authorities (and in exceptional circumstances, the Secretary of State) have powers to make changes to the footpath and bridleway networks in their area. They can create new routes, or divert or extinguish existing routes. Orders that make such changes are normally referred to as "public path orders". Anyone may ask their local authority to make a public path order, but, unlike definitive map modification orders, the powers are discretionary rather than a duty.
Diversions
may be requested in the interest of the landowner, or of the public,
and the new route must not be substantially less convenient to the public.
Diversion orders may also be made under planning legislation to allow
development with planning permission to be carried out.
Extinguishment of a footpath or bridleway can only be achieved where it can be shown that there is no longer a need for the way. In deciding this, an authority must take into account how much the route is likely to be used by the public if it is not extinguished and the effect of the extinguishment on the land over which the route passes.
The Countryside and Rights of Way Act 2000 introduced powers to enable rights of way to the diverted or extinguished in the interests of crime prevention or school security. Powers were also introduced to enable diversions for the protection of Sites of Special Scientific Interest. A statutory right to apply for diversion or extinguishment was introduced, but this is yet to be brought into effect.
New routes may be created either through an agreement between the local authority and the landowner, or compulsorily by order. Local authorities may create footpaths or bridleways where they believe there is a need. In considering the need for a new route the authority must take into account how much the way would add to public enjoyment of the network and the effect the creation would have on the rights of the landowner. Compensation for created routes may also be payable depending on the effect of the creation on the landowner’s interest in the land.
Protecting & maintaining rights of way
Highway authorities (usually synonymous with surveying authorities) have a duty to assert and protect the rights of the public to the use and enjoyment of any highway. In this instance, ‘highway’ includes rights of way. This means they are obliged by law to keep rights of way open and useable. The Government expects authorities to ensure that any obstructions they discover, or have reported to them, are removed as soon as is reasonably practicable. There are various provisions that assist in carrying out this duty.
It is an offence to wilfully obstruct free passage along a highway without lawful authority or excuse. Anyone can take out a prosecution against those who obstruct a highway. In addition, highway authorities may secure the removal of obstructions by serving notice on the person responsible for the obstruction. If that person fails to comply with the notice the highway authority is entitled to arrange for the removal of the obstruction at that person’s expense. New powers, introduced under the Countryside and Rights of Way Act 2000, enable any person to serve notice on a highway authority requesting it to secure the removal of an obstruction.
Most public rights of way are maintainable at public expense. This means highway authorities have maintenance responsibility and must pay for maintenance work from their existing budget. In cases where responsibility for maintenance lies elsewhere, highway authorities still have a duty to ensure the necessary maintenance work is undertaken. In a similar process to that for serving a notice to secure the removal of an obstruction, any person may serve notice on a Highway Authority under section 56 Highways Act 1980 requesting that a highway is repaired.
If you encounter any problems in using a right of way, be it an obstruction or poor maintenance, you should report it to the local highway authority.
Rights of way and people with mobility problems
The Government wants to make it easier for people with mobility problems to have access to the countryside by encouraging measures to improve the accessibility of public rights of way. Local authorities are urged to make maximum use of new powers introduced by section 69 of the Countryside and Rights of Way Act 2000. [Further information]
The future of rights of way & rights of way improvement plans
The
existing rights of way network reflects historic patterns of travel -
to work, school, church and family. It does not cater for all modern
day demands, such as the growing pressure for access to countryside near
people’s homes,
and caters better for walkers than other users. Sections 60-62 of the
Countryside and Rights of Way Act 2000 were commenced 21 November 2002
and require local highway authorities to prepare rights
of way improvement plans. In preparing their plans, authorities
are to develop proposals to improve and manage their networks to meet
the needs of the public, looking at ways in which they can benefit health,
transport, recreation, tourism and other local economic needs. The purpose
of the plans is to encourage local authorities to take a strategic view
of their rights of way network with the aim of reflecting modern patterns
of demand and land use and providing better for the needs of users -
particularly those that do not benefit from the right of open access
(horse riders, cyclist etc.) and those with mobility problems.
To help local authorities to justify and prioritise rights of way expenditure in line with the achievement of desired social and economic outcomes Cranfield University have developed PROWTool which can be accessed online.
Implementing rights of way provisions in the Countryside and Rights of Way Act 2000
A table setting out which provisions in Part II of the Act have been implemented (in England), details of the statutory instruments and a timetable for the remaining provisions.
You can see the Countryside and Rights of Way Act 2000, in the form in which it received Royal Assent, and the Explanatory Notes to the Act, on the HMSO legislation web site.
For further information about Part II of the Countryside & Rights of Way Act 2000 see the following
Countryside and Rights of Way Act: Fact Sheets
DETR Countryside and Rights of Way Act 2000 Circular 04/2001
Further information
If you want to find out more about any of the above or any other rights of way issues, you can contact either the Sponsorship, Landscape & RecreationDivision of the Department for Environment, Food & Rural Affairs, or Natural England at the addresses below.
Sponsorship, Landscape & Recreation Division
Department for Environment, Food & Rural Affairs Zone 1/02
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6EB
Tel: 0117 372 6274
Fax: 0117 372 8587
Email: recreation.access@defra.gsi.gov.uk
Enquiries
Natural England
Northminster House
PETERBOROUGH
PE1 1UA
Tel: 0845 600 3078
Fax: 01733 455103
E-mail: enquiries@naturalengland.org.uk
Page last modified: 04 August 2008
Page published: 17 July 2001