Who is responsible for public rights of way and access land

Duties

Defra, Natural England and the Planning Inspectorate have a duty to:

• define a coastal path (Natural England).
• maintain a website with restrictions on access - Natural England also has a duty to maintain a web site showing areas of land subject to temporary closure

Defra, Natural England and the Planning Inspectorate have the power to restrict access for the purposes of protecting the conservation interest of a site or for the prevention of fire (Natural England).

Powers

Landowners have the power to restrict access for land management, public safety or fire prevention reasons.

Duties

National park authorities have a duty to protect the right of the public to enter access land.

Duties

County council and unitary authorities have a duty to protect the right of the public to enter access land.

Powers

Users have the power to:

• apply for changes to the map through Definitive Map Modification Orders (DMMOs) - anybody has the right to present evidence to the Highway Authority that an unrecorded Right of Way exists and to apply to have that path recorded on the Definitive Map and Statement - More about Definitive Map Modification Orders
• object to an order to change the map
• apply to make changes to the rights of way network - More about Public Path Orders (PPO)

Powers

District and Borough Councils have the power to:

• apply for changes to the map through Definitive Map Modification Order (DMMO) and Public Path Orders (PPO) - Anybody has the right to present evidence to the County Council that an unrecorded Right of Way exists and to apply to have that path recorded on the Definitive Map and Statement - more about Public Path Orders (PPO)
• make orders to enable development related changes - Districts have powers to create new paths by agreement or order. They can also make orders to divert or extinguish paths
• hold copies of the map and orders - Districts may wish to keep available for public inspection a copy of the Definitive Map and Statement for their area, together with copies of any orders that have made changes since the map was last published
• object to an order to change the map

Powers

National park authorities have the power to:

• apply for changes to the map through (Definitive Map Modification Order) DMMO and Public Path Orders (PPO) - Anybody has the right to present evidence to the County Council that an unrecorded Right of Way exists and to apply to have that path recorded on the Definitive Map and Statement - more about Public Path Orders (PPO)
• make orders to enable development related changes - NPAs have powers to create new paths by agreement or order. They can also make orders to divert or extinguish paths
• hold copies of the map and orders - NPAs may wish to keep available for public inspection a copy of the Definitive Map and Statement for their area, together with copies of any orders that have made changes since the map was last published
• object to an order to change the map

Powers

Landowners have the power to:

• apply for changes to the map through Definitive Map Modification Orders (DMMOs) - Anybody has the right to present evidence to the Highway Authority that an unrecorded Right of Way exists and to apply to have that path recorded on the Definitive Map and Statement - more about Definitive Map Modification Orders (DMMOs)
• apply to make changes to the rights of way network More about Public Path Orders (PPO)
• object to an order to change the map More about the definitive map and statement

Powers

Parish and town councils have the power to:

• apply to make changes to the rights of way network - as well as being able to apply for changes directly, local councils are consultees for planning proposals, some of which may affect rights of way - paths can be diverted or extinguished if it is necessary for a proposed development to go ahead and so it is important that full consideration is given to the effect of development on local paths before planning permission is granted - more about Public Path Orders (PPO)
• apply for changes to the map through Definitive Map Modification Orders (DMMOs) - Local councils can apply to add paths to the map and can present evidence to support these applications - more about the definitive map and statement
• hold copies of the map and orders - Local councils may wish to keep available for public inspection a copy of the Definitive Map and Statement for their area, together with copies of any orders that have made changes since the map was last published
• object to an order to change the map - Local councils will be consulted before the County Council makes an order to change the map (through a DMMO or PPO) and they have the right to object to them - more about the definitive map and statement

Duties

County councils and unitary authorities (highway authorities) have the duty to:

• publish and keep the map up to date - It is the responsibility of the Highway Authority, to keep the Definitive Map and Statement under continuous review and to make it available for public inspection. More about the definitive map and statement
• hold copies of the map and orders - The Highway Authority has a duty to make the Definitive Map and Statement available for public inspection. These are available to view online (Hampshire Rights of Way), and hard copies are available to view at our offices (by appointment only) and at the Hampshire Record Office
• keep a register of applications for changes based on evidence - View the register of applications Definitive Map Modification Orders (DMMOs)
• make orders to change the map based on evidence (DMMO) or policy (PPO)

County councils and unitary authorities (highway authorities) have the power to:

• apply for changes to the map through Definitive Map Modification Orders (DMMOs) and Public Path Orders (PPO). More about the definitive map and statement
• make orders to enable development related changes
• object to an order to change the map

Powers

Defra, Natural England and the Planning Inspectorate have the power to:

• hold public enquiries to determine contested changes

If objections are received regarding a Definitive Map Modification Order (DMMO), the Planning Inspectorate (PINS) will decide in each case whether to examine the order by written representations, hearings or public inquiries. An inspector will be appointed to hear the evidence and reach a decision.

Powers

District and borough councils have the power to:

• provide litter bins

Districts can install litter bins on rights of way, with the prior consent of the County Council. They must also make arrangements for their emptying and cleaning

Duties

County council and unitary authorities (highway authorities) have the duty to:

• have and review a Rights of Way Improvement Plan. Read the Countryside Access Plan for Hampshire
• provide lighting

County council and unitary authorities (highway authorities) have the power to:

• provide new paths, both permissive and public rights of way
• provide litter bins
• provide safety barriers
• provide seats and shelters
• other improvements

Powers

Landowners have the power to:

• provide new paths, both permissive and public rights of way
• provide seats and shelters
• other improvements - land managers may improve the surface of a path, for example if a footpath also serves as a driveway, but this must be with prior consent from the Highway Authority

Powers

Parish and town councils have the power to:

• provide seats and shelters - local councils can install seats and shelters on any road in their area, and with the landowners consent at the side of a right of way
• provide lighting - local councils have the power to install lighting on any footpath or bridleway in their area where they think that it is needed
• provide litter bins - with approval of the County Council, the local council has the power to provide litter bins. Where it does so, this generates a duty to arrange for them to be regularly emptied
• other improvements - funding may be available to local councils to assist with path improvements. More about funding for path improvements

Powers

National park authorities have the power to:

• provide litter bins
• provide new paths, both permissive and public rights of way
• provide seats and shelters
• other improvements

Duties

County council and unitary authorities (highway authorities) have a duty to set up a Local Access Forum to advise on countryside access.

It is a legal requirement for every county council, unitary council and national park authority to establish and support a Local Access Forum (LAF). In Hampshire we currently have three forums:

• Hampshire Countryside Access Forum (HCAF) is the joint forum for Hampshire, Southampton and Portsmouth excluding the areas covered by the New Forest Access Forum and the South Downs Local Access Forum
• New Forest Access Forum (NFAF) covers the New Forest and South West Hampshire
• South Downs Local Access Forum (SDLAF) covers the South Downs National Park area

Members of all forums are local people, who represent the interests of those who use the countryside, those who have the responsibility for the management of the land, and other relevant interests such as nature conservation or local businesses.

The forums seek ways to improve access for all users of the countryside whilst enabling landowners to make use of their land and minimising any negative impacts.

Their role is to provide advice about countryside access to all relevant local and national organisations in countryside access. They chiefly advise highway authorities, and national park authorities. They sometimes advise Parish and Town Councils, and other organisations such as the Forestry Commission.

The LAF has the right to have their views given due regard by these bodies. Organisations do not have to follow the advice of the LAF but, when it is offered, they must consider it before reaching a decision.

Duties

National park authorities have a duty to set up a Local Access Forum to advise on countryside access.

It is a legal requirement for every county council, unitary council and national park authority to establish and support a Local Access Forum (LAF). In Hampshire we have three LAFs:

• Hampshire Countryside Access Forum (HCAF) is the joint forum for Hampshire, Southampton and Portsmouth excluding the areas covered by the New Forest Access Forum and the South Downs Local Access Forum
• New Forest Access Forum (NFAF) covers the New Forest and South West Hampshire
• South Downs Local Access Forum (SDLAF) covers the South Downs National Park area

Members of all forums are local people, who represent the interests of those who use the countryside, those who have the responsibility for the management of the land, and other relevant interests such as nature conservation or local businesses.

The forums seek ways to improve access for all users of the countryside whilst enabling landowners to make use of their land and minimising any negative impacts.

Their role is to provide advice about countryside access to all relevant local and national organisations in countryside access. They chiefly advise highway authorities, and national park authorities.

They sometimes advise Parish and Town Councils, and other organisations such as the Forestry Commission. The LAF has the right to have their views given due regard by these bodies.

Organisations do not have to follow the advice of the LAF but, when it is offered, they must consider it before reaching a decision.

Duties

Duties include removing litter or fly-tipping. Report fly-tipping to your local city, borough or district council.

District Borough Councils have the power to:

• maintain local paths
• clear vegetation growing from the side or above
• provide signposting from a road
• provide other signposting and waymarking

Powers

Parish and town councils have the power to:

• maintain any footpath bridleway or restricted byway in the parish/town. Many local councils have volunteers to assist with this, including those signed up as Path Wardens. More about Volunteer footpath wardens
• clear vegetation growing from the side, above or the surface
• maintain surfacing and/or drainage – funding may be available to local councils to assist with path improvements. More about funding for path improvements
• provide signposting from a road
• provide other signposting and waymarking, including notices to warn users of any dangers on local paths

Duties

County council and unitary authorities (highway authorities) have the duty to:

• maintain local paths
• clear vegetation growing up from the surface
• maintain bridges
• maintain surfacing and/or drainage
• provide signposting from a road

County council and unitary authorities (highway authorities) have the power to:

• ensure stiles and gates are in good condition - The County Council often works with landowners, local councils and volunteers to replace stiles with gates and funding is often available to assist with this. The County Council is also able to authorise new gates on a right of way (and to order the removal of those that aren’t authorised), but only where they are needed to contain livestock. More about funding for path improvements
• clear vegetation growing from the side or above
• provide other signposting and waymarking
• authorise temporary diversions. More about applying for a temporary closure

Duties

Landowners have the duty to:

• ensure stiles and gates are in good condition
• clear vegetation growing from the side or above
• maintain bridges. In general bridges are the responsibility of the County Council, however the land owner may also bear some responsibility

Landowners have the power to maintain surfacing and/or drainage - more about landowners responsibilities

Powers

National park authorities have the power to maintain local paths.

Powers

District and borough councils have the power to apply to amend the registers of commons and town or village greens.

Districts can apply for an area of land to be recognised as a town or village green. Where the district owns land, it can dedicate that land as a town or village green. More about registering a common, town or village green

Duties

Landowners have the duty to:

• ensure stiles and gates are in good condition
• clear vegetation growing from the side or above
• maintain bridges. In general bridges are the responsibility of the County Council, however the land owner may also bear some responsibility

Landowners have the power to maintain surfacing and/or drainage - more about landowners responsibilities

Duties

County council and unitary authorities (highway authorities) have the duty to keep a register of commons and town or village greens.

More about the register of commons, town or village greens

County council and unitary authorities (highway authorities) have the power to apply to amend the registers of commons and town or village greens.

More about registering a common, town or village green

Powers

Parish and town councils have the power to apply to amend the registers of commons or town and village greens.

Local councils can apply for an area of land to be recognised as a town or village green. Where the local council owns land, it can dedicate that land as a town or village green. More about registering a common, town or village green

Duties

Defra, Natural England and the Planning Inspectorate have a duty to draw up and maintain a map of CROW (Countryside Rights of Way) access land (Natural England). View the maps

Powers

National park authorities have the power to apply to amend the registers of commons or town and village greens.

National park authorities (NPAs) can apply for an area of land to be recognised as a town or village green. Where the NPA owns land, it can dedicate that land as a town or village green. More about registering a common, town or village green

Powers

Users (walkers, horse riders, cyclists, carriage drivers and motorists) have the power to apply to amend the registers of commons or town and village greens.

Users can present evidence to the Commons Registration Authority (the County Council) to amend the registers that record commons, or town and village greens. More about registering a common, town or village green

powers

District and borough councils have the power to:

• make Traffic Regulation Orders. Find out more about vehicles in the countryside
• assert and protect the rights of the public
• require the removal of obstructions and the abatement of nuisances, e.g. barbed wire
• take action to enforce re-instatement after ploughing or secure removal of crops

Powers

National park authorities have the power to:

• make Traffic Regulation Orders. Find out more about vehicles in the countryside
• assert and protect the rights of the public
• take action to enforce re-instatement after ploughing or secure removal of crops

Duties

County council and unitary authorities have a duty to:

• assert and protect the rights of the public
• require the removal of obstructions and the abatement of nuisances, e.g. barbed wire
• take action to prevent or remove misleading signs
• take action to enforce re-instatement after ploughing or secure removal of crops

County council and unitary authorities have the power to make Traffic Regulation Orders. Find out more about vehicles in the countryside

Duties

Landowners have a duty to ensure that paths are free from obstructions and misleading signs.

Land managers must not obstruct a path, or entry to access land, either physically (for example by fences, locked gates or parked machinery), by intimidation (including that by aggressive animals kept near to the path) or by discouragement, such as erecting misleading signs.

Powers

Parish and town councils have the power to:

• take action to enforce re-instatement after ploughing or secure removal of crops. Local councils have powers to prosecute a farmer who grows crops on a right of way or who doesn’t reinstate a path after ploughing
• require the removal of obstructions and the abatement of nuisances, e.g. barbed wire. Local councils may make representations to the Highway Authority that a path has been illegally obstructed or stopped-up. Local councils also have powers to prosecute anyone who wilfully obstructs a right of way in their parish
• assert and protect the rights of the public
• take action to prevent or remove misleading signs

Powers

Users (walkers, horse riders, cyclists, carriage drivers and motorists) have the power to require the removal of obstructions and the abatement of nuisances, e.g. barbed wire

The powers of individual users to directly affect path conditions are restricted to the ancient, limited, but still significant, power of abatement. Abatement is the common law right to take action to remove a nuisance that is affecting the exercise of a right.

The action taken can only be sufficient to enable the right to be conveniently exercised. In practical terms this means that if, say, a walker comes across a path blocked by excessive vegetation they have the power to remove so much of the overgrowth as is necessary to get past. If they can’t get through, they also have the right to detour around the obstruction. Although the bulk of the obstruction may remain, once a person can conveniently carry on their journey they no longer have the power to remove material and further action could even constitute criminal damage.

Users may take legal action to get obstructions removed. A user can apply to the magistrates’ court to compel an authority to prevent the obstruction of a highway, and can also take action directly against the land owner.