Public Rights of Way

Public Rights of Way
What are the User's Rights and Obligations?
What are the Landowners Rights and Obligations?
Notes
Public Path Diversion and Extinguishment Orders
Enquiries

Public Rights of Way
There are four categories of public rights of way:

• Public footpath - a right of way on foot;

• Bridleway - a right of way on foot, on horseback (or leading a horse) and providing no local bye-laws or traffic orders exist, a right to ride a bicycle.

• Restricted Byways – a right of way on foot, on horseback (or leading a horse), and a right of in or on vehicles other than mechanically-propelled vehicles;

• Byways open to all traffic (Byway) - as their name implies these are open to all classes of traffic, including motorised vehicles, that can physically use them. (Be warned though - they may be unsurfaced and unsuitable for the average motor car).

Public Rights of Way are recorded on the Definitive Map. As its name implies, this map is conclusive evidence in law of the existence of a public right of way and you cannot be denied the use of such public highways provided your use is legal. They are also shown on Ordnance Survey Explorer and Land Ranger Maps. The Definitive Map may be inspected at Maltings House, County Hall or at Branch Libraries. In addition each Parish Council has been sent the map for their Parish.

The Definitive Map is conclusive evidence only for those rights of way which have been registered. Others may exist which were not recorded or may have been established through long usage.

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What are the User's Rights and Obligations?
Most public rights of way are unsurfaced rural footpaths and bridleways. In law they are public highways, just like a surfaced road but subject to certain restrictions as to which classes of traffic may use then (see previous). Remember, those that are recorded on the Definitive Map are legally protected rights of way, not privileges granted by landowners.

Legally the public only have a right to pass and re-pass along the line of the public right of way. It would be permissible to stop for a short rest, or to look at a map or take a photograph for example, but if you stray off the line or do anything else, such as picnicking, without the agreement of the landowner, you are trespassing. The Countryside Code gives further advice on this matter but remember - dogs must be kept under close control at all times especially when near livestock.

If you find a crossfield path has been cultivated and crops growing on the line of the right of way you will be trespassing if you follow the field edge. It is the landowner's duty to ensure that the correct line is open and can be followed. Always try to follow the legal route even if this means walking through the crop. Likewise if a field has been ploughed, in compliance with the legal requirements, but not yet re-instated, you should still follow the legal route as best you can.

Should you find your way blocked by an obstruction you may divert around it, returning to the correct line as soon as possible. Usually this problem will occur because of undergrowth blocking a route.

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What are the Landowners Rights and Obligations?
Landowners cannot obstruct public rights of way or prohibit their legitimate use. In agricultural areas, crossfield footpaths and bridleways can be ploughed but they must be re-instated to their previous condition within 14 days or less if some other activity was involved such as harrowing. The results should be minimal interference with farming practices and with path users' rights. The right to disturb the surface does not extend to headland paths or Restricted Byways.

A landowner can permit private rights along a public right of way over and above its normal legal usage. For example, he may allow horses to be ridden over a public footpath BUT this private right does not extend to the public and those horse riders would have to show due care and attention to the legitimate footpath users. Also the landowner and his neighbours may have their own private rights over land, for example, a public footpath may exist along a private driveway.

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Notes
The term "Green Lane" has no legal significance. It is usually used to denote an unsurfaced track which may, or on the Road Record Map as a "Soft Road" (an unsurfaced unclassified road) or it may be private.

Crossfields paths are those which do not follow any physical feature, such as a hedge or ditch, but run through an open field or pasture land. Headland paths generally follow a hedge or field boundary around the edge of a filed.

Ordnance Survey maps carry a disclaimer stating that public rights of way may not exist over every road, track or path drawn on the map. Only the routes taken from the Definitive Map, and correct at the time of publication, can be guaranteed to have public rights along them. These routes are in fact shown n Ordnance Survey maps and specially indicated as such. Reproduced courtesy of Norfolk County Council

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Public Path Diversion and Extinguishment/Stopping Up Orders
All public rights of way, including footpaths and bridleways, are highways. They can only be closed or diverted out of legal action by either a local authority, a magistrates court or a government department.

There are many reasons why proposals to change the path network arise. Applications can come from local residents, path users, farmers or land owners and the local authorities. Reasons might include moving a path to avoid poor ground conditions or natural erosion, to reduce interference with agricultural operations, or a developer may want to divert a path to fit in better with development proposals.

The most common types of path orders are those made by local authorities under Sections 26, 118, 118A, 119 and 119A of the Highways Act, 1980 and Section 257 of the Town and Country Planning Act 1990.

Highways Act 1980
Before making the Order the Borough Council must be satisfied that it is expedient to divert the path in the interests either of the public or the owner, lessee or occupier of the land crossed by the path. A diverted path must connect with other existing paths or an adopted highway in order to continue the rights of way network.

If the Borough Council decides to make an Order then the proposal will be advertised in the local press and notices placed on the path. Any objections must be considered by the Council prior to confirming the Order. If objections are not withdrawn the Borough Council will decide whether to proceed with the Order. If it does then the Order will be submitted to the Secretary of State for the Environment, Food and Rural Affairs for confirmation.

Orders submitted to the Secretary of State will be determined following written representations or a public inquiry. Unopposed Orders are confirmed by the Borough Council.

Town and Country Planning Act 1990
Before making an order the authority must be satisfied that it is necessary to do so to enable development to be carried out. The order must be obtained before the development takes place. Orders under the Town and Country Planning Act 1990 allow approved development to affect the route of a path. The new path must be constructed on the ground before the development takes place.

Public Path Extinguishment/Stopping Up Orders
The Borough Council or Secretary of State will only confirm an Extinguishment Order if it is satisfied that it is not needed for public use.

In both making and confirming an order, the Borough Council or the Secretary of State must disregard any temporary circumstances preventing or diminishing the use of the path by the public.

Consultation
The Borough Council will carry out statutory consultations with prescribed bodies and other interested parties. Before applying for a public path order, the applicant is encouraged to contact the local branch of the Ramblers Association to discuss their proposals.

Costs
The applicant will have to pay the Borough Councils costs associated with the order. For more details please contact the Head of Member and Legal Services at cfs@great-yarmouth.gov.uk

The applicant will be required to carry out any works specified by the Highways Authority, to bring the new path into a fit condition for use by the public. The path should also be properly signposted and waymarked.

Compensation
There is provision for compensation to be paid to anyone whose property interests can be shown to have been adversely affected by the coming into operation of any order made under the Highways Act 1980 (but not the Town and Country Planning Act 1990). An applicant for a diversion order can be required to meet the cost of any compensation which the authority becomes liable to pay if the order is confirmed, eg if the path is diverted on to someone else's land.

The above has no legal status, and is merely intended as a guide.

Enquiries
Should you have any queries regarding public rights of way contact Mr S Shepherd on (01493) 846534 or e-mail: sgs@great-yarmouth.gov.uk

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