Please could you provide policies and practices that have been agreed on in reference to the management and maintenance of public rights of way and definitive map, in response to the questions below:
1. What are your policies and practices regarding the maintenance and improvement of each of the following class of public right of way where they also carry private vehicular rights?
Footpaths
Bridleways
Restricted Byeways
Byways Open To All Traffic
Devon County Council maintenance responsibilities are set out within related legislation, including the Highways Act 1980 and Wildlife and the Countryside Act 1981. Related information is set out at Inspections and maintenance – Public Rights of Way and also at Highway Infrastructure Asset Management Plan – Roads and transport and Rights of Way Improvement Plan and policy – Public Rights of Way.
Private vehicular rights are the responsibility of the respective landowners and occupiers. Subject to the details, Devon Council will consider requests for paths with private vehicular rights to be improved at the expense of the relevant applicant(s), and may contribute to the cost where this will also benefit the public access rights.
2. When faced with agricultural obstruction of public rights of way what is your policy or practice for direct action, or do you move straight to prosecution?
As set out within the Rights of Way Improvement Plan in question 1, priority is placed on working cooperatively with landowners and land managers; however, enforcement procedures will be utilised to assert and protect the rights of the public where agreement cannot be reached through discussion and negotiation.
3. What criteria do you consider when determining a temporary traffic order (TTRO) application relating to any public right of way?
Applications for TTROs are considered in accordance with the relevant legislation and regulations, including the road Traffic Regulation Act 1984.
4. What practical guidance, if any, do you give to applicants about the timing of physical closure of public rights of way within any granted temporary traffic regulation order (TTRO) period?
Related information is available on the Devon County Council website at Apply for a temporary closure – Public Rights of Way and Apply for a temporary traffic restriction.
5. For newly recorded public rights of way, what are your minimum acceptable widths/preferred widths for each of the following: Public Footpath
Bridleway
Restricted Byway
Acceptable / preferred widths are considered on a case by case basis taking account of relevant factors such as historic evidence and site constraints. Wherever achievable, this will (as a minimum) reflect current national standards and good practice – for example BS:5709:2018, Local Transport Notes (e.g., Cycle infrastructure design (LTN 1/20)) and Outdoor Accessibility Guidance – Paths for All .
In general terms, Definitive Map Modification Order widths are based on evidence, with Public Path Order widths based on minimum widths (where the proposed path is physically undefined), of not less than 2 metres for a footpath, or in the case of a new bridleway, not less than 3 metres. Orders are published on the Devon County Council website at Public rights of way Archives – Have Your Say.
6. What policies/practices do you have relating to equestrian provision in the design and delivery of new Active Travel infrastructure? Please provide links.
Inclusion of equestrian use is encouraged. This is informed through a range of policies and position statements including:
- The Rights of Way Improvement Plan Rights of Way Improvement Plan and policy – Public Rights of Way, which is currently under review.
- Inclusion of horse riding as part multi-use trails will be encouraged. This should be the starting position in planning and improving routes. Where horse riding is currently restricted on existing cycle and walking trails, this will be reviewed to identify where access for horse riding can be safely added. Should it not be feasible to include horse riding on new and/or exiting routes, the reasons for this should be recorded, and the information made available to interested parties.
- Guidance from the Devon Countryside Access Forum at Newsletters and reports – Public Rights of Way.
- Wherever possible routes should be multi-use, allowing access for all users, in accordance with Devon County Council’s Rights of Way Improvement Plan. (Multi-use means use by all users: walkers, cyclists, horse-riders and those using wheelchairs, mobility scooters or buggies).
- Transport Planning documents as at Multi-Use Trails – Roads and transport.