Improving access for all
Headland management
Definitve Map and Statement
Enforcing the Rights of Way Law (Code of Practice)
Development and rights of way
Headland management
Definitve Map and Statement
Enforcing the Rights of Way Law (Code of Practice)
Development and rights of way
The Countryside and Rights of Way Act 2000 (CRoW Act) requires highway authorities to have regard for the needs of people with mobility problems. In addition, the Disability Discrimination Act, 1996 (DDA), directs service providers to take reasonable steps to ensure disabled people are able to make use of a service. Leicestershire County Council is committed to improving access to the countryside and the Rights of Way network for all. Where possible we favour the removal of any barriers leaving easy access gaps. However, when stock proofing is required, gates are considered preferable to stiles.
Path surface
- Ensuring the surfaces are in reasonable condition, including the control of natural vegetation. In practice few field paths receive routine maintenance, and walkers should be prepared to use boots or wellingtons in poor weather.
Bridges
- The responsibility of maintaining most bridges and culverts on natural watercourses lies with the County Council. In order to allow easy and safe use in all weather conditions, most bridges are covered with anti-slip material and handrails are provided where a drop either side of the bridge is seen to be a potential hazard.
Signage
- Signing all footpaths, bridleways and byways where they leave a metalled road Some might also display a destination and distance information.
- There is additional signage en route, guiding users of the rights of way across the countryside. These are yellow topped, wooden waymarker posts and coloured waymarker discs indicating the path direction.
Grants
- In order to fulfil their obligation to maintain certain stiles and gates in good order, landowners and farmers can apply for a grant towards the cost of repairing or replacing furniture that is on the line of a right of way.
The County Council operates a Headland Management Project to improve and maintain field-edge footpaths and bridleways. Farmers are encouraged to work in partnership with the County Council to keep the paths free from overgrowth. An annual payment is made to the participating farmers to cut back the vegetation in spring and late summer.
For more information contact
Rights of Way Enforcement Officer
Tel. 0116 305 7056
Email. richard.williams@leics.gov.uk
Rights of Way Enforcement Officer
Tel. 0116 305 7056
Email. richard.williams@leics.gov.uk
Modifying and keeping the Map and Statement under continuous review
The National Parks and Access to the Countryside Act 1949 brought about the legal obligation for each County Council to produce a Definitive Map and Statement.
The Definitive Map is made up of a series of sheets showing routes in the county. It provides conclusive evidence of the existence of a public right of way. However, the reverse is not true. A way not recorded on the definitive map could still be a public right of way, although it's status would need to be proved. There could be additional rights over land that have not yet been recorded on the map, or it may be that the status of the right of way was incorrectly recorded at the time of writing the map.
The Definitive Statement accompanies the Map, describing the rights of way. It may define the position or width, or any limitation or conditions attached to the rights of way. Again, there may be information relating to the right of way that has not been included in the Statement.
The Definitive Map and Statement can be viewed:
- at County Hall
- at District or Borough Council Offices
- Copies are supplied to Parish Councils on request.
- mapping (for guidance only) is available here
The Definitive Map and Statement are continually being updated to include any modifications to the routes. These might include routes being added, deleted, re-classified or re-directed. Some of these changes come about from the discovery of errors or omissions in the previously recorded information, or by application being made. However, since the map is deemed to be legally conclusive of the existence of the public rights of way shown on it, good evidence is required to support any application to add, move or remove a right of way.
Applying for a Definitive Map Modification Order:
- Modification Orders may be made to:
- Add/delete a right of way to/from the map
- Re-align a right of way
- Alter the status of a right of way
- The County Council, as Highway Authority, has a duty to assert and protect the rights of the public to use and enjoy rights of way, and to ensure that they remain open and useable at all times.
- The objective is to prevent obstructions from occurring by developing a good working relationship with the farming community, and treating all landowners and farmers equally and fairly.
- Where problems arise on rights of way, they can often be resolved on an advisory basis. However, where discussions with landowners fail to reach a satisfactory conclusion, the Authority will take further action.
- For such issues as ploughing and cropping, a Code of Practice provides a simple step by step, course of action which will be followed by the Rights of Way Officers.
- Guidance for designers, developers and planners on development and public rights of way has been produced by the County Council. The guidance notes are available here (pdf document 161kb). The guidance covers issues relating public rights of way location, standards and specifications for paths within new developments and construction requirements, and advice on diversions or extinguishments of rights of way.
Page Last Updated: 16 August 2007
