Rights of Way
Useful information regarding Public Rights of Way, improvements to the walking, cycling and riding network and the Nottingham Local Access Forum
Public Rights of Way are routes over which the public have a legal right to pass and re-pass at any time of the day and night and are protected by highway law and legislation.
Review of the Councils Policy for the use of Barriers on Rights of Way – 2020 Policy Consultation Draft
In Nottingham, the local rights of way network (footpaths, bridleways and cycle paths) suffers abuse from off-road motorcycles and quad bikes which disrupt the community and cause safety concerns. In order to address these issues barriers have been installed at a number of known “hot spots”. Although this approach has been reasonably successful, barriers have also compromised, and in some cases actually stopped, legitimate users using their preferred routes. The challenge for the Council is to identify a solution that deters motorcycles and quad bikes whilst maintaining adequate and safe access for all legitimate users.
In 2012, the Council adopted its first Barrier Policy which continues to provide a consistent evidence based approach for considering requests for barriers, based on principles of fairness, reasonableness and proportionality. Due to changes in legislation, design standards and good practice, the 2012 Policy is being reviewed and updated so comments are needed on the updated 2020 Barrier Policy Consultation Draft. Please see our Transport Strategies and Policies webpage for more information.
The consultation runs from 10th June to 3rd August 2020. Please email your comments to email@example.com. Please quote the paragraph number you are commenting on.
- Policy for the use of Barriers on Rights of Way (Consultation Draft) June 2020
- Policy for the use of Barriers on Rights of Way (Executive Summary) June 2020
Rights of Way Improvement Plan
Following extensive public consultation, the City Councils Executive Board formally adopted Nottingham's second Rights of Way Improvement Plan (ROWIP2). This will help deliver improvements to the walking, cycling and riding network across Nottingham. To view a copy of ROWIP1 and ROWIP2 please download the following links or visit the Transport Strategies and Policies webpage.
How long do Public Rights of Way last for?
Once a public right of way legally comes into being then the public's right to use the way lasts forever unless it is formally stopped up (permanently closed) or diverted (onto a new alignment) by an Act of Parliament, Instrument or other legal event. Please see the section below on "Legal changes to the public rights of way network".
The Definitive Map and Statement
So that everyone, including walkers, riders, local residents and landowners alike, know which paths or ways are public rights of way, Parliament has required local authorities, known as Surveying Authorities, to record those rights on special maps and statements, known as Definitive Maps and Statements. All known public footpaths, bridleways and byways should, by law, be recorded in the Map and Statement.
The Councils Traffic Management Team is responsible for the Nottingham Definitive Map and Statement. All public rights of way may be viewed on the online Street Register, by appointment by telephoning 0115 876 5246 or by email firstname.lastname@example.org
Modifying the Definitive Map and Statement
Anyone may make an application to the Council to modify the Definitive Map and Statement via a Definitive Map Modification Order (DMMO). For further information on the DMMO application process click here for the Explanatory Note. To view applications for DMMO's please visit the register of DMMO applications.
Highways and public rights of way may be stopped up (permanently closed) or diverted (onto a new alignment) for a number of reasons. For example it may be appropriate to close a route if it’s not needed by the public or in order to enable development to be carried out.
Receiving planning permission for a development is not consent to work or build on a highway or other public right of way. This is a separate legal process and failure to obtain the correct consents before starting work can lead to additional costs, delays and enforcement action being taken.
If you wish to divert or stop up a highway or other public right of way, you will need to apply for a legal order. You may also need other consents such as a temporary Traffic Regulation Order or a Section 278/38 Agreement.
Register of Statutory Declarations made under Section 31(6) of the Highways Act
Under Section 31(6) of the Highways Act 1980 a landowner may deposit a statutory declaration with the highway authority. The declaration enables landowners to formally acknowledge any public rights of way dedicated across their land and that they have no intention of dedicating any further public rights of way.
The register can be downloaded from the Nottingham City Council's Open Data website
Gating Orders have been replaced by Public Spaces Protection Orders. To view information on Public Spaces Protection Orders in Nottingham please click here.
The Nottingham Local Access Forum
The NLAF was set up during 2004 as part of the Countryside and Rights of Way (CROW) Act 2000 and advise the Council on public rights of way and public access to and through Nottingham. More information on the Local Access Forum.
We are in the process of recruiting new LAF members so if you would like further information on how to apply or what’s involved please click the link below or email email@example.com or telephone John Lee on 0115 8765246.
Report a Problem
If you believe there is a problem on any path that you consider to be a public right of way, such as an obstruction or the condition of the path in general, then we would like to hear from you. Please call 0115 876 5246 or email firstname.lastname@example.org