Changing the status of rights of way (England & Wales)
Briefing
Thursday, 4 May 2017
Changing the status of rights of way (England & Wales)
Policy Key Facts
- Only around a fifth of the public rights of way in England and Wales is available to cyclists.
- Statutory Orders can be used to expand the network of paths legally available for cycling in the countryside. Different types of Orders can: modify an authority’s definitive map and statement of pubic rights of way in the case of errors or omissions; create, extinguish or divert rights of way; or regulate or prohibit cycling or motor traffic on the highway.
Cycling UK View
Map Modification Orders (MMOs)
- Highway authorities should make resources available to ensure that the definitive map accurately represents the full bridleway and byway network before the ‘cut off date’ of 1 January 2026. After this date, any unrecorded footpaths and bridleways created before 1949 cannot be recorded on the definitive map and will effectively lose public access.
- Cycling UK will normally oppose moves to downgrade or delete bridleways and byways, and support upgrading or creating them.
- As the current system is overly resource-intensive, the Government and its agencies should take steps to develop and implement more effective ways of making and confirming Orders.
Public Path Orders (PPOs)
- The needs of residents, landowners and businesses should be sympathetically considered whenever they want to make reasonable diversions around residential properties or farm buildings, or alter the line of a path so that it goes round the edge of field (headland), rather than across it (cross field).
- If, however, the diversion means that cyclists would suffer a loss of amenity, or usability (e.g. longer and/or steeper routes, poorer surfaces etc), Cycling UK is unlikely to support the proposal.
- Cycling UK will, however, normally oppose any proposed downgrades (e.g. downgrading a bridleway to a footpath that cyclists can no longer use).
Traffic Regulation Orders (TROs)
- Wherever possible, Cycling UK will liaise with highway authorities to seek alternative solutions to TROs on byways, bridleways or unsurfaced roads.
- Cycling UK will normally oppose any regular renewal of a temporary TRO, because remedies to deal with the problem in question should be the priority.