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Public Rights of Way

What is a Public Right of Way?

A Public Right of Way is a way over which the public have a right to pass and re-pass. All known Public Rights of Way are recorded in the Definitive Map and Statement, which is the main legal record held by the Local Authority. Public Rights of Way can be found throughout the Poole-Bournemouth conurbation. All of these paths are split into the following four categories:

  • Footpath – pedestrians only (including pushchairs, wheelchairs/mobility scooters);

  • Bridleway – pedestrian (including pushchairs, wheelchairs/mobility scooters), equestrian and cyclist traffic only. Usually not a bound surface;

  • Restricted byway – pedestrian (including pushchairs, wheelchairs/mobility scooters), equestrian, cyclist and horse and carriage traffic only;

  • Byway (open to all traffic) – all of the above and mechanically propelled vehicles.  

What are the Council’s responsibilities?

To assert and protect the public’s enjoyment of all their highways;

  • Prevent unlawful encroachment;

  • Prevent any unlawful obstruction;

  • Prevent stopping up paths against the public interest;

  • Keep the Definitive Map and Statement under continuous review.

What are your rights and responsibilities?
  • Lack of use has no effect on the legal existence of a Right of Way;
  • You must leave land to which you have no legal right of access if asked to do so by the owner or his representative;
  • A Footpath should be wide enough for two walkers to pass in comfort. A Bridleway should allow two horses to pass each other comfortably.
  • Cyclists and horse riders must not use footpaths;
  • Cyclists must give way to riders and walkers on bridleways;
  • When walking or riding in groups, please travel in single file where necessary and do not spread out beyond the width of the path.
Users may:
  • Pass and re-pass on a Public Right of Way;
  • Stop to look at the view, take a photograph, sit down to rest and so on;
  • Take a pram, pushchair, wheelchair, but expect to encounter stiles on footpaths;
  • Take a dog, but always under close control;
  • May remove an illegal obstacle sufficiently to get past.

     

Users may not:
  • Roam over land at will, deviating from the line of the Right of Way unless it is to pass an obstruction;
  • Use a vehicle on a Byway if it is not registered, taxed and insured, or to drive recklessly, carelessly or without due consideration of others;
  • Use a Right of Way for any purpose other than as a right of passage;
  • Cause any unnecessary damage when removing an illegal obstruction.   
Rights of Way Improvement Plan

The Borough of Poole and Bournemouth Borough Council adopted the Poole and Bournemouth Rights of Way Improvement Plan (ROWIP) 2008-2011 in October 2008. ROWIP runs to 2011 to integrate into the Local Transport Plan 3. The ROWIP is available electronically here. Hard copies are available in Bournemouth Central Library, downloadable from this page or on request. The preliminary work for the preparation of the next ROWIP is currently underway. Please check back for further updates.

The Definitive Map

The Definitive Map records the location and class of all recorded public rights of way. A Definitive Statement goes with the map and gives the start and end points and sometimes description of the route.

Poole has a large excluded (unmapped area) that covers approximately two thirds of the Borough, however there is now a project underway to survey and record this area.

Definitive Map duties

In 1997 the Borough of Poole achieved Unitary Status which includes being the Surveying Authority for the Borough.

The duties are to:

Maintain the Definitive Map and Statement

Investigate applications to modify the map and statement on user or document evidence

Continuously review the map by Modification Orders

Make the public aware of their right to apply to modify the map.

Changes to the map

The Council also has powers to make creation, extinguishment or diversion orders of rights of way known as Public Path Orders.

There is a deadline that by 2026, it will no longer be possible to modify the map with claims entirely based on Pre-1949 derived historic evidence.

Claims based on use (20 years use without force, secrecy or permission) will continue to be accepted.

Please contact us by email or telephone (01202 262017) if you think you have evidence to record a Public Right of Way, or if you have evidence to either upgrade or downgrade a path (e.g. from a footpath to a bridleway if you found historic evidence suggesting there was horse riding).

Register of applications for Modification Orders

 

Description of Path

Process to date

Date

Dunyeats Road - Macaulay Road

Received

18/09/2014

Rear of Issacs Close to Fp33

Received

11/04/2011

Aspen Way – Alder Road

Received

03/03/2004

Cardigan Road – Cromer Road

Received

18/08/1976

Khyber Road – Layton Road

Received

01/09/2003

Dalkeith Road

Received

09/11/2007

Bessborough Road

Received

05/03/2008

Pinewood Road – Branksome Dene Chine

Received

12/06/2007

Gin Alley – Panorama Road

Received

09/11/2004

Coles Avenue – Legion Road

Received

21/02/1995

New Quay Road

Received

12/12/2003

Harvey Road

Received

06/09/2006

Moortown Drive

Received

15/05/2006

Balston Road – Seaview Road

Received

18/12/1992

Good Road – Stanfield Close

Received

05/11/1992

Windsor Road – Osborne Road

Received

23/01/2008

Cotes Avenue – Harbour View Road

Received

02/05/1995

North Road – Springfield Road

Received

28/07/1976

Brudenell Avenue – Shore Road

Received

17/07/2006

Poole Quay – Dolphin Quays

Received

28/02/2005

 

 

  

Further information can be obtained from:

DEFRA – website for circular 1/09 http://www.defra.gov.uk/publications/2011/06/15/pb13553-row-circular-109/

More general Rights of Way information

http://www.defra.gov.uk/rural/countryside/access/

Natural England – Rights of Way http://www.naturalengland.org.uk/ourwork/enjoying/places/rightsofway/default.aspx

Getting About

http://www.gettingabout.com

Local Government Ombudsman

http://www.lgo.org.uk/publications/fact-sheets/complaints-about-footpaths-rights/

 


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