CONTACT
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Mail :
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Public Rights of Way Dept. of Development Plymouth City Council Plymouth PL1 2AA |
| 01752 304233 | |
| prow@plymouth.gov.uk | |
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Fax :
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01752 304922 |
RELATED PAGES
LINKS
- Countryside and Rights of Way Act 2000
- The National Trust
- The Ramblers Association
- We are not responsible for the content of linked websites. Visit our disclaimer page for more information.
Users of public rights of way frequently asked questions
Public rights of way are an important part of our heritage and a major recreational resource. In rural areas they allow people to enjoy the peace and tranquillity of the countryside away from the less desirable busy roads and allows them to reach areas they would not otherwise have access to. In urban areas they provide convenient shortcuts away from main roads. Public rights of way are also important as they offer users the choice between established public transport and healthier, more sustainable options such as walking and cycling.
As such we are committed to promoting public rights of way within the city and providing an good and easy to use network of paths for locals and visitors alike. As such the information on this page is aimed at users of public rights of way in Plymouth.
- What is a right of way?
- Where can I find out about the rights of way in Plymouth?
- Can I get a copy of the definitive map?
- What are my rights on a public rights of way?
- How wide is a right of way?
- How does a path become public?
- Can a right of way be lost if it is not used?
- Who owns rights of way?
- Who is responsible for maintaining public rights of way?
- How do I report a problem on a path?
- What can I do about an obstruction on a right of way?
- Can I take a dog on a right of way?
- I have been prevented from using a path I have been using for years, what can I do?
- Can I drive on a right of way?
- Can I wonder off a right of way?
- What is right to roam?
- Can a landowner or developer close or alter the route of a right of way?
- What is a permissive path?
- What can I do about people riding motorbikes on a footpath/bridleway?
What is a right of way?
A public rights of way (PRoW) is a way over which all members of the public have a right of passage. Public rights of way are legally highways and are afforded the same provisions under the Highways Act 1980 as any highway maintainable at public expense.
There are 4 types of public rights of way:
Footpath
A way over which the public have a right of way by foot only although this includes use via an invalid carriage, eg electric wheelchair. Footpaths are waymarked by a yellow arrow.
Bridleway
Where the public has a right of way on foot, in an invalid carriage, on horseback, leading a horse and on a bicycle. Marked by a blue arrow.
Byways open to all traffic (Boats)
Where the public has a right of way on foot, in an invalid carriage, on horseback, leading a horse, on a bicycle, and by motorised or non-motorised vehicle. Marked by a red arrow.
Roads used as public paths (RUPPs)
Where the public has right of way on foot, in an invalid carriage, on horseback, leading a horse and on a bicycle. Additionally, vehicular rights may exist.
Following the implementation of section 47 of the Countryside and Rights of Way Act 2000 all RUPPs will be redesigned as restricted byways. A restricted byway is a way where the public has a right of passage on foot, in an invalid carriage, on horseback, leading a horse, on a bicycle and by horse drawn or non-mechanically propelled vehicle. However, there are no RUPP’S within Plymouth.
Where can I find out about the rights of way in Plymouth?
We, as a Highway Authority, hold and maintain a map known as the definitive map of public rights of way. This map shows all the recorded public rights of way within the administrative area of Plymouth. The definitive map is the only legal record of public rights of way and is the basis on which other mapping, such as the Ordnance Survey maps, base their public rights of way information. The definitive map is legally conclusive evidence of the existence, status and route of the ways shown upon it. However, it should be noted that the information on the definitive map is a minimum and the fact that a way is not shown upon it does not mean public rights do not exist.
The definitive map is accompanied by a statement which describes the route of each public rights of way and may record information such as the paths length, recorded limitations and minimum width. The information recorded in the statement is also conclusive evidence.
Can I get a copy of the definitive map?
Yes. The definitive map and statement are public documents. As such they can be viewed free of charge between 9am to 5pm, Monday to Friday at the Civic Offices, Plymouth. You may view the map and sketch or trace it as you wish. However there is a charge for extracts.
What are my rights on a public rights of way?
As a user of a public rights of way you have the legal right of passage for the purpose of passing and repassing and for purposes reasonably incidental thereto. This basically means you may walk (or cycle, ride a horse or drive depending on the paths status) along the path and back again as you so wish, you may stop to rest, admire the view, take photographs and may consume refreshments as long as you do not cause an obstruction.
You may also take with you a 'usual accompaniment', the legal definition of a usual accompaniment is not defined and current lists are not exhaustive, however on a public footpath a dog, pram or pushchair for example are considered a 'usual accompaniment' of a pedestrian but a bicycle is not and might be considered an act of trespass. You may also use an electric wheelchair or invalid carriage on a footpath.
You must however keep within the legal boundaries of the path where it is reasonable to do so and should you deviate from this without lawful authority you may be committing trespass against the landowner. You must also only use the path for purposes commensurate with its status so you could not take a horse or bicycle on a footpath nor take a motorised vehicle on a bridleway or you are again committing trespass.
How wide is a right of way?
There are several ways in which the width of a path can be established.
A width recorded by statute:
If the definitive statement for the path in question records a width than that is considered conclusive evidence as to the paths width. Similarly paths brought into being by means of legal orders will normally state the width of the path. These widths however are usually recorded as a minimum width which simply states the width of the path at its narrowest point and does not preclude the existence of a greater width along the remainder of the path.
A width presumed by reference to boundaries:
In the absence of the above and if the path lies between defined boundaries, (ie between fences or two walls etc) the presumption is that the whole of the area has been dedicated to the public provided the boundaries were laid out in reference to the highway.
Ploughing:
The Rights of Way Act 1990 sets out the legal widths for the reinstatement of public rights of way after ploughing or sowing crops. Paths that have been disturbed should be reinstated to a minimum width of 1 metre for a cross field footpath and 2 metres for a cross field bridleway.
Farmers are not permitted to plough field edge paths and the minimum widths that should be left undisturbed are 1.5 metres for a field edge footpath and 3 metres for a field edge bridleway.
If none of the above apply:
If a paths width is neither defined by statue nor can be taken in reference to boundaries the width of the path is considered to be that which, subject to evidence, has been habitually used by the public.
It should be noted however than the determination of any width is given without prejudice to any greater width that may be claimed in the future.
How does a path become public?
There are many means through which rights of way come into being, the most common being:
- Express dedication where the landowner legally dedicates or 'gives' the public use of a way formally making it a public right of way and does so intentionally and consciously.
- Presumed dedication where the existence of public rights have been presumed through public use left unchallenged by the landowner. Proving public rights have accrued can be done by means of documentary evidence (old maps, tithe maps, Finance Act maps, estate documents, parish minutes, Inclosure Awards etc), user evidence (signed statements from users of the claimed way providing details as to the nature of that use) and the actions, or inactions, of the landowner. Generally the presumption of dedication arises under section 31 of the Highways Act 1980 but a presumption at common law may still occur although this is rarely the case nowadays.
- By order where we exercise our powers to create a path by Order and not necessarily with the landowners consent.
Can a right of way be lost if it is not used?
No. Once public rights have been established and recorded on the definitive map, by whatever means, only a legal event can remove it. The fact that a path is not used, cannot be used, has been built over, or is no longer in physical existence does not extinguish those public rights. The legal maxim is 'once a highway, always a highway'.
Who owns rights of way?
The public's right to use the way is vested in us as the Highway Authority. As such it may be considered that we own the surface of the path and as much of the subsoil below and the air above as necessary to protect and maintain it. However public rights of way mostly run across private land and as such there is nearly always a private owner of the surrounding land. The right of way is exactly that, a right, rather than a physical thing that can be owned.
Who is responsible for maintaining public rights of way?
Whilst the public rights associated with a public rights of way are vested in us there is generally an owner of the underlying private land. As such the responsibility for the maintenance of these paths is shared between us and the surrounding landowner.
The landowner is responsible for ensuring rights of way are kept free from obstructions, that they are kept clear of side growth and overhanging vegetation and that any authorised limitations (gates, stiles etc) are kept in good repair.
The following is a summary of the key responsibilities.
We are responsible for:
- signposting rights of way where they leave a highway and waymarking routes where appropriate
- keeping the path free of surface vegetation
- ensuring the right of way is maintained to a standard suited to its use and status
- helping landowners in repairing gates and stiles
- ensuring paths are free of obstructions
Landowners are responsible for:
- keeping paths free of side growth and overhanging vegetation
- maintaining gates and stiles
- keeping rights of way free of obstructions
How do I report a problem on a path?
In the first instance contact our Rights of Way Officer. We can determine the responsibility for the maintenance work and ensure it is carried out. Please contact us to inform us of a problem on a path.
What can I do about an obstruction on a right of way?
You can contact us to inform us of an obstruction on a public rights of way. We have a legal obligation to ensure a public path is free of obstructions and to assert and protect the public’s rights. We also have powers of enforcement to force landowners to keep paths over their land open and clear.
If you encounter an obstruction on a right of way you are entitled to move it off the path to enable you to continue on your way. If the obstruction is of a nature which prevents you from moving it yourself you may take a detour off the legal line of the path to continue on your way (as long as you stay on the same landowners land) without fear of committing trespass. An example might be where a farmer has cropped or ploughed a field making it impossible or substantially inconvenient for you to continue you would be entitled to walk around the edge of the field.
Can I take a dog on a right of way?
Yes. A dog is considered a ‘usual accompaniment’ on a right of way and would not be considered an act of trespass. However this entitlement is confined to the legal line of the path and exists only whilst the dog accompanies its owner. If a dog were allowed to leave the line of the path trespass would have been committed.
There is no rule that a dog on a right of way must be on a lead but we have the power to make an order making it an offence not to have a dog on a lead on a specific path. It is also an offence to allow a dog to be at large (ie not on a lead or otherwise under close control) in a field or enclosure where there are sheep. A landowner is legally entitled to destroy a dog against its owner’s wishes if it worries livestock thus giving legal backing to the countryside code which states 'Keep your dog under close control'.
I have been prevented from using a path I have been using for years, what can I do?
You can apply to us for a definitive map modification order under the Wildlife and Countryside Act 1981 to have the way added to the definitive map. See the modification orders page or contact the Rights of Way Officer for further details.
Can I drive on a right of way?
It is a criminal offence to take a motorised vehicle on a public footpath or bridleway and this is enforceable by the police. You may however drive on a footpath or bridleway if you are the owner of all the land over which the right of way subsists or have the written consent of the landowner and us or if you have an easement to do so.
You may drive on a byway open to all traffic but you should be aware we will only maintain a byway for occasional vehicular use so the surface would not be to the standard you might expect on a road.
Can I wonder off a right of way?
If you leave the legal line of a right of way without the consent of the landowner and you are not taking a detour to avoid an obstruction and there are no alternative public access arrangements in place (ie permissive access) you will be committing the civil wrong of trespass against the landowner. The landowner is legally entitled to ask you to leave and may use reasonable force to ensure you do so, this may include escorting you. The landowner may also sue you and for repeat offences seek an injunction against you returning to the land.
What is right to roam?
The Countryside and Rights of Way Act 2000 gives people new rights to walk on areas of open country and registered common land. These rights are unlike public rights of way in that they relate to 'parcels' of land over which the public have rights rather than defined narrow strips. These access rights are commonly known as 'the right to roam', 'open access' or 'access land'.
These new rights came into force in the South West on 28 August 2005 although there are no recorded areas of open access in Plymouth and only 8ha of registered common land.
Access land and registered common land have been mapped by the Countryside Agency. Copies of the maps are available to view at the Public Rights of Way Office in the Civic Centre, Plymouth and you can arrange to view them by contacting our Rights of Way Officer.
Alternatively you can view the maps on line by visiting the Countryside Agency's website. For more information about the mapping of open countryside and registered common land you should visit the Countryside Agency's website or telephone the Countryside Agency's National Access helpline on 0845 100 3298. Calls are charged at a local rate.
Can a landowner or developer close or alter the route of a right of way?
Yes, although they must follow the correct legal procedure. This procedure is set out by the Highways Act 1980 or Town and Country Planning Act 1990 and is known as a public path order. Any person wishing to close (extinguish) or alter (divert) a public right of way must apply to us to do so. We are under no obligation to accept an application and any accepted application will be subject to extensive public consultation. Anyone can object to a public path order and whilst we will attempt to remove objections, if any remain, the matter will be passed to the Secretary of State (or the Planning Inspectorate who may act on their behalf) for determination. This may result in a public inquiry. Should a landowner move a path or a developer build over one without following the proper process the right of way continues to exist along the line shown on the definitive map and we are obliged to ensure the path is open and available for public use.
What is a permissive path?
A permissive path is a path over which the public are granted access by permission of the landowner(s). We neither maintain nor record permissive paths and as such have no details of their existence.
What can I do about people riding motorbikes on a footpath/bridleway?
We unfortunately have little power to help with this common problem. The use of a motorised vehicle on a public right of way is a criminal act enforceable by the police and you are urged to report such matters direct to them. We would however be interested to know of such instances.
