Rights of way improvement plans
Sections
60 to 62 of the Act require local highway authorities to prepare and
publish Rights of Way Improvement Plans for improving rights of way
in their areas, taking into account the needs of the public including
disabled people. The provisions came into effect on 21 November 2002.Local authorities must adopt their first plans by 21 November 2007, and review and update them at least every ten years.
Who needs to complete a plan?
All unitary, county and metropolitan councils and outer London boroughs must complete plans with the exception of those whose overall performance has been rated as "excellent" in previous years by the Audit Commission. These authorities have the freedom to choose whether or not to complete a plan. This freedom will shortly be extended to "4 star" authorities under the new rating system.
Does my authority have the freedom to choose whether to prepare a ROWIP?
You can search for your authority's CPA score on the Audit Commission's Comprehensive Performance Assessment website.
What does this mean in practice?
These freedoms do not remove the requirement for local authorities to plan effectively for the management of local rights of way and for securing an improved network. However, it does provide them with flexibility to plan in a way which suits their purposes, allowing them to focus on local priorities.
In planning for the network they must still consult those bodies listed in Section 61(1) of the Countryside and Rights of Way Act 2000. This includes local access forums and Natural England. Although user groups are not on this list we would expect local authorities to consult them.
Authorities do not need to exercise their freedom and may choose to prepare a plan. Evidence to date suggests that most still intend to prepare a ROWIP. Eight of the 17 authorities who have, or will have, the freedom to choose have already adopted plans (Blackburn with Darwen, Cambridgeshire, Cheshire , Devon, Hertfordshire, Lancashire , Leicestershire and Warwickshire). A further 24 authorities have published draft ROWIPs.
Any authorities intending to exercise these freedoms must publicise their decision not to prepare a ROWIP and the reasons for it in at least two newspapers circulating in their area.
Current requirements are set out in the Local Authorities' Plans and Strategies (Disapplication) Order 2005.
Where can I find guidance on how to prepare a ROWIP?
Statutory guidance to local authorities in England on preparing, publishing, assessing and reviewing Rights of Way Improvement Plans was issued on 29 November 2002.
- Rights
of Way Improvement Plans: Statutory Guidance to Local Authorities
in England (November 2002)
(134
KB) - Covering letter to local authorities (November 2002)
Where else can I find out about ROWIPs?
Have a look at Rights of Way pages (on Natural England website) from these pages you can access the Rights of Way Good Practice Guide - a website for rights of way staff to exchange information and experience about all aspects of rights of way work This includes information about Rights of Way Improvement Plans.
How do I find out if my authority has completed a plan?
Check your local authority website, or call and ask to speak to the person who deals with public rights of way in your authority.
There is list of authorities who have completed plans, with links to the plans, on the Rights of Way Good Practice Guide - see above link.
How are ROWIPs linked to Local Transport Plans?
Between 2005 and 2010 ROWIPs and Local Transport Plans are gradually being integrated. This will help to deliver a more streamlined and integrated approach to sustainable transport in rural and urban areas. It should also open up further opportunities for funding rights of way improvements where the two plans share common aims. It does not mean that ROWIPs will disappear, only that the two documents will be very closely linked.
Guidance has been issued to local authorities to help them integrate these two plans and is contained in:- Local Transport Plans (on DfT website)
- ROWIPs
and Local Transport Plans – Update and further guidance for
local highway authorities (61
KB) - updated February 2006
Final Local Transport Plans were submitted to the Department for Transport
at the end of March 2006. Defra commissioned a report on the
extent to which rights of way and rights of way improvement plans had
been integrated into final Local Transport Plans.
- Local
authorities' Rights of Way Improvement Plans and Local Transport
Plans – A report - May 2006 (405
KB)
This information was been shared with the Department for Transport and feedback has been given to local authority staff.
Page last modified:
19 December 2006
Page published: 17 July 2001