Can you divert a public footpath?
Public rights of way (public footpaths, bridleways or restricted byways) are highways protected by law. To divert or close a right of way you must apply for a public path order.
Who is responsible for footpaths in Surrey?
Surrey County Council (SCC) is responsible for maintaining rights of way, but with a major reduction to their budget for countryside work, they are dependent upon the help provided by Ramblers and other Volunteer Groups in maintaining footpaths, and alerting them to problems.
Do you need planning permission for a new footpath?
If you are making a new access into the garden across the footpath you will need to obtain permission from the local council to drop the kerbs and the pavement may need strengthening. This is to protect any services buried in the ground such as water pipes.
Which council is responsible for footpaths?
The vast majority of paths are maintainable at the public expense by the local Highway Authority (usually the County Council).
Who is responsible for bridleways?
The Council is responsible for protecting and asserting the rights of the public to use rights of way, including footpaths and bridleways. Responsibility for keeping footpaths clear of obstructions rests with the landowner as does the requirement to cut back vegetation and maintain gates and stiles.
How do I find out if my property has permitted development rights?
You can read about permitted development on the Planning Portal. Visit the Planning Portal website to find out if you will need planning permission.
How do I know if a path is a public right of way?
How do I know whether a path is a public right of way or not? The safest evidence is the official ‘definitive map’ of public rights of way. These maps are available for public inspection at the offices of local surveying authorities (see Q7). Some are also available in libraries and online.
Who owns public rights of way?
the highways authority
It is held by the highways authority, ie the relevant county council or unitary authority (you can find contact details here). If the definitive map doesn’t specify the width of the right of way, allow at least 2 metres (more if barbed wire).
Can you change the route of a footpath?
Your right to enjoy your property does not take precedence over the right of the public to use the path. The highways authority does have power to divert paths, but the change in route must not inconvenience the public or detract from their enjoyment.
Can a public footpath be diverted by a local authority?
Yes. If the local authority makes the diversion order, it will publicise it, including displaying notices at each end of the diverted section of path. The public will have 28 days to make any objections.
Is there a public footpath through my garden?
I have a public footpath running through my half-acre garden, dividing it in two. When I moved here 60 years ago it was a short cut for villagers. Now it is used by ramblers and dog-walkers. I feel this path invades my privacy. I have asked a farmer to divert it along the edge of an adjoining field, but he is not helpful.
What are the requirements for a public footpath?
It must be no less convenient for the public and not significantly longer than the existing one. It should also be at least as wide, have a similar ground surface and be safe. You may have to show that it improves access for users with impaired mobility. It might have fewer or easier gates, for example.