New public rights of way
If you own land you may know that new rights of way can be created if the public use routes over the land for a long time. If you allow walkers/riders on your land, but do not want to create a new right of way, you can:
- apply to deposit a map and statement under Section 31(6) of the Highways Act 1980;
- and show what public rights of way exist, if any.
This should be followed within 20 years with an application to deposit a declaration indicating that no additional public rights of way have been dedicated. This will then be taken into account if anyone claims a path as a public right of way.
For more about this, please see: Landowner deposits.
Diversions and extinguishments
Is a right of way on your land is in an awkward position for you? For example, because you cannot secure an important part of your property. It could be possible to divert the path or close it. However, you should make sure you do this legally.
If you divert people onto a new path without a diversion order, you could end up with two paths on your land, instead of one.
For more about this, please see: Diversions and extinguishments.
Stiles and gates
In law, stiles and gates are obstructions to the public right of way. They are needed to stop livestock that may escape onto roads, into crops or domestic property and cause accidents or damage. However, you need to apply to the Council for authorisation before you erect new gates on your land.
If you already have gates or stiles on your land, it is your responsibility to keep them in good repair so that people can use them safely and easily. However, we will pay for part of the cost, as long as it is reasonable and we are satisfied with the work. Also, the volunteer team may be able to do the repairs, which will reduce the cost further.
If this interests you, please contact: Highways.
Private access rights and their maintenance
If access to your property is a public right of way, the Council could be responsible for its repair. We cannot keep a track maintained to a suitable condition for vehicles if the public is only entitled to use it on foot or with horses. (If Council vehicles use the track, for example, to collect the rubbish, this is still private use to provide a service to your property.)
You and any neighbours who need to use the track will have to repair it for your vehicles. You must consider if the works need planning permission and what sort of materials will be suitable. For example:
- Horses can slip on tarmac surfaces. An injured rider might be able to sue a landowner who had caused an accident by their choice of materials.
- You could also run the risk of being taken to court if you make a public right of way unusable.
Therefore, you should consult the Council before carrying out or commissioning any works on a public right of way.
We will take a number of things into account before we approve your proposals:
- Right of Way user needs (including equestrians and cyclists where appropriate).
- Existing surface material.
- Length and width of a route to be re-surfaced.
- Gradient.
- Rural context.
- Other issues, such as drainage.
You do not need planning permission for:
- Repairs to existing structures, like drainage ditches, culverts, drainage pipes and turn-byes, where works consist of the replacement of like for like.
- Filling in of potholes with material already used on the surface, like natural stone or planings.
Note: New surfacing works to improve vehicular access, that are more than minor repair works, will normally need planning permission.
We may be able to help with the repair of a track and:
- Provide some materials.
- Contribute to the costs of work carried out by you and your neighbours.
Note: This is as long as we are satisfied with the work.
To talk about your proposals or any other help with works, contact: Highways.