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Public Rights Of Way

Public Rights Of Way

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The public rights of way team are responsible for the 5544 kilometres of public rights of way in Lancashire.
These responsibilities include 

  • signposting,
  • waymarking,
  • maintaining the surface of public rights of way,
  • the updating and continuous review of public rights of way on the definitive map which is the official legal record of public rights of way,
  • and administering the law concerning public rights of way in particular ensuring that they can be used by the public.

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The network

View and query the Public Rights of Way network in Lancashire online at
MARIO - Maps & Related Information Online
, Lancashire County Council's interactive mapping site. You can also inform us of problems on the rights of way network. Click here for instructions to help get you started with Mario. 

Highways Partnership Residual arrangements for maintenance of Public Rights of Way

A few years ago there was an arrangement for district councils to carry out maintenance of public rights of way on behalf of the County Council but now this has been returned to the County Council in all areas except Pendle, Ribble Valley and Wyre.

In Pendle it is for the entire district,

In Ribble Valley it is for the parishes of; Aighton Bailey and Chaigley, Alston, Balderstone, Billington, Chatburn, Clayton le Dale, Clitheroe, Dilworth, Dinckley, Dutton, Gisburn, Great Mitton, Horton, Hothersall, Little Mitton, Newsholme, Mellor, Osbaldestone, Paythorne, Ribchester, Salesbury, Sawley, Thornley with Wheatley, Whalley, Wilpshire and Wiswell.

In Wyre it is for the area of Fleetwood, Poulton le Fylde and Thornton Cleveleys.

If you wish to report a problem on a right of way in these areas please contact;

Pendle-
Tom Partridge, 01282 661059 Fax 01282 661068 tom.partridge@pendle.gov.uk

Ribble Valley
Nick Bass, 01200 414530 nick.bass@ribblevalley.gov.uk

Wyre
01253 887220 Fax 01253 887210

If you submit a report via our MARIO maps system it will be re-directed by us.

Lancashire has a network of 3,716 miles of public rights of way, including 240 miles of Bridleways. Lancashire Countryside Service has a statutory responsibility for these Public Rights of Way.

Our responsibilities include:

  • Signposting and waymarking of footpaths, bridleways and byways.
  • The updating and continuous review of public rights of way on the Definitive Map & Statement which is the official legal record of public rights of way.
  • Maintaining the surface of a right of way to a standard appropriate for the purpose for which the highway is used. Walkers should, however, be prepared to use boots in poor weather.
  • Maintaining bridges over natural river courses.
  • Making grants to landowners of 25% of the cost of maintaining approved stiles and bridlegates.
  • Administering the law concerning rights of way and in particular ensuring that they can be used by the public.

The Countryside Service holds copies of the Definitive Map and Statement. If you wish to check the rights of way network, if you require information or you encounter a problem please contact the Countryside Service who will be only too pleased to help.

Copies of the Definitive Map & Statements are held in the Environment Directorate and are available for inspection during office hours. If possible, please telephone the Countryside Service in advance of your visit to ensure that appropriate advice and assistance is available.

Ordnance Survey Maps that show public rights of way derive their information from the Definitive Map. The most useful Ordnance Survey map for countryside recreation purposes is the 1:25,000 series which show public rights of way in green. The 1:50,000 Ordnance Survey Landranger map shows public rights of way in red. However, Ordnance Survey maps cannot show details of any legal changes to the rights of way network that have taken place since the map was published. If you wish to check whether there have been any legal alterations to the rights of way network you should consult the Lancashire Countryside Service.


The Public's Rights in using the Network are: 

Public rights of way, sometimes referred to as minor highways, are the various public footpaths, bridleways and byways which any member of the public, on their own or in a group, are entitled to use at any time of any day.
 
Path Status
The mode of use is restricted by the status of the particular right of way:
·        Footpath – on foot (includes with normal accompaniments such as walking sticks, wheelchair, dog at heel or on short lead, pram)
·        Bridleway – as footpath plus with a horse (ridden or led) or bicycle
·        Restricted byway – all users except mechanically propelled vehicles (i.e. those with an engine or motor)
·        Byway open to all traffic (BOAT) – all users
There are also:
·        Cycle tracks – on pedal cycle. Depending on the legal order used to create a particular track there may be also pedestrian use either shared or segregated and in rare cases mopeds – the exact nature of these is signed.
·        Unsealed (non-tarmac/concrete) unclassified roads – these are part of the road network that have never been made up with tarmac like the majority of the network and tend to be used mostly like public paths and private access. The level of rights on many of these roads, whether tarmac or not, has often not been formally established.
 
Mobility
Mobility scooters, such as the Trampers owned by the County Council, can also be taken on public rights of way where it is physically possible to use them and where they can be taken without causing damage. Note that these should not be ridden faster than 4 mph.
 
Mini-motos
Mini-motos are miniature, mostly Japanese, motorbikes that are just big enough for a person to perch on and can be ridden at high speeds but they are not street-legal. Mini-motos are not permitted on any public rights of way including byways open to all traffic nor on roads or other public places.
 
Road Vehicles
Where vehicles are permitted all the usual rules of the road apply including driving license, insurance, condition of vehicle, etc. Underage drivers, untaxed vehicles, etc. are not allowed to use any public rights of way.
 
Cyclists
Cyclists' right to use a bridleway is subject to the proviso that they give way to other users. However, on all public rights of way cyclists, like everyone else, have a responsibility to ride in a manner that is not causing a danger or nuisance to other users, to local residents or to landowners.
 
Damage
Use of a right of way by an individual must not cause damage to the surface beyond its ability for natural recovery – this is particularly relevant to the use of motorcycles and 4x4s on byways open to all traffic and to horses in wet conditions. Excess speed and, for vehicles, skidding or spinning wheels should be avoided. All users should avoid causing damage to fences, gates, stiles and other structures.
 
Dogs
Dogs must be under close control – ideally this means that they are on a lead but in any case they should not be allowed off the path, even if on a long lead, except on designated Access Land (look for the small brown circular signs). Under no circumstances should dogs be allowed to chase wildlife or farm animals.
 
Frequency
There is no limit to the number of times that a public right of way can be used either by different people or the same person as long as that use is not for other purposes (q.v.).
 
Night-time
Most public rights of way are open 24/7, i.e. every day of the year and all times of the day and night. However, please be considerate when using paths near residential properties late in the evening or early in the morning.
 
Numbers
Anyone can use a public right of way on their own or as part of a group. There is no limit to the size of a group and this can be considerable when there is an organised event such as a sponsored walk, cross-country run, fun-ride, etc. and responsible organisers will often contact residents or landowners beforehand or put up notices at relevant locations. This will enable informed decisions to be taken about stock movement, parking or other use.
 
Purpose
Anyone can use any public right of way as often as they like unless it is for a purpose other than passing along the route – it cannot be used as an excuse for disrupting any activity on the land or unreasonable observation of such an activity. Examples that have been before the courts have shown that there was no right to use the public right of way in order to disrupt fox hunting or to gain inside knowledge of the speed of a racehorse.
 
Activities that can be regarded as part of the act of passing along the route are accepted as part of the public's right of way but there are limits to this – examples include: sitting down to rest is reasonable but not camping, taking photographs of the scenery is OK but not a paparazzo staking out a celebrity's house, stopping for sandwiches is allowed but not having a barbeque or campfire.
 

Public Rights of Way - Where You can go

 
In Lancashire there is an extensive public rights of way network plus a small number of cycle tracks and unsealed unclassified roads.  For walkers there is also a significant amount of Access Land (sometimes referred to as Right to Roam). This information can conveniently be found on the Ordnance Survey Explorer and Landranger maps which are widely available, including public libraries and online.  
The public rights of way network and the Access Land can be found on Lancashire County Council's excellent MARIO system online at
 
In Lancashire there is something for everyone;
·        Some people prefer the remote places where they are unlikely to meet many other people, they will have to be able to find their own way and negotiate rough terrain. Access land and remote public paths provide the best places for this type of recreation.
·        Other people prefer trails where there is a higher standard of path furniture and maintenance and plenty of waymark arrows and signposts to indicate the route. Some of these routes are 'easy access' for people with reduced mobility.
·        There are also various Country Parks and visitor centres which offer opportunities, energetic or otherwise, for enjoying the countryside – these can be found via the Lancashire County Council website at:

Public Rights of Way - What to expect

 
Public rights of way are all routes where there is a legal right to pass and repass but these cover a wide spectrum of different physical paths, tracks and unmarked ground. It is important to note that the existence of a right of way does not mean that there is a physical path suitable for a particular person at a particular time and all potential users of the public rights of way have a responsibility to ensure their own well-being in the particular circumstances taking into account the weather conditions and nature of the terrain. Some paths are too narrow or steep for all the permitted users because of their nature or the way that they were originally dedicated as public rights of way – that is not an error necessarily but a quirk of history. A byway open to all traffic (BOAT) does not have to have a suitable surface for a car and some ancient byways are not wide enough for a car. Similarly there are some bridleways that are too steep for horses to use or too boggy for cyclists and some footpaths that are too uneven for wheelchairs or pushchairs. This means that users will need to assess the nature and natural restrictions of particular paths that they are using, take necessary care and be prepared to take an alternative route if necessary.
 

 

The Countryside

In general the countryside is not designed for walking or riding on – in order to make it more convenient and accessible paths and tracks have been constructed in many places but it is not reasonable to expect these everywhere, even in some places where there are a lot of users. In other places historically constructed paths may no longer be maintained to the same level that they once were when the purpose of the path was different.
 
Be Prepared
It is strongly recommended that users carry a suitable map and ensure that they are able to use it (remember that you may need to carry reading-glasses and a torch.) A GPS (global positioning system) unit or traditional compass may also be useful as long as the user is able to use it competently. Much of Lancashire's countryside is remote but even in the less remote parts of the County it is necessary to allow for suddenly worsening weather conditions. Suitable clothing, including footwear, should be worn and where appropriate waterproofs and extra warm clothes carried. Carry water or other non-alcoholic drinks in any weather but especially when it is hot.
 
Cattle
Many public rights of way cross farmland including fields where livestock are present. In general this presents no problem but there are simple precautions that can be taken – make sure that you know where your exit point from the field is, do not walk between young calves and their mothers, do not let your dog chase the cattle but be ready to let it off the lead or put it down if cattle approach (do not pick it up or hold it close when cattle approach), turn to face approaching cattle spreading your arms out and shouting, do not run away but move to the exit point (or back to the entry point) carefully. Remember that cattle are often inquisitive and rarely aggressive.
 
Surface
Natural surfaces vary with weather conditions and in different parts of the County and many public rights of way follow historical or recently made up tracks or paths. This creates a great variation in the types and standards of surface that you could expect whilst using public rights of way in Lancashire. There are public paths across rough boggy ground, rocky paths and stoney tracks in the upland areas; elsewhere there are paths across muddy fields and along agricultural access tracks, through tidal marshes and woodlands. In village areas the paths tend to be better, often constructed with stone and in urban and semi-urban areas many paths are tarmac, concrete or stone but this does not mean that they are up to footway (pavement) standards nor are they necessarily lit. Users should assess the general state of the path and take appropriate care but Lancashire County Council as Highway Authority should ensure that any hidden, unexpected hazards are rectified as soon as possible after they have been reported, subject to the adopted system of prioritisation of public rights of way work. For example, a rabbit hole in a meadow path or tree root across a path in a wood is expected but a rabbit-sized hole in a tarmac path or piece of metal sticking out of a concrete path is unexpected and should be rectified by the Highway Authority.
 
Signs and Waymarks
Public rights of way should normally be signed where they leave the road and waymarked where necessary along the route although users must expect to need to use a map to find the way and not rely entirely on waymark arrows except on specially marked trails, often in or near Country Parks.
 
Furniture
Wherever the public right of way is crossed by a fence, hedge or wall a gap, gate or stile should be provided and that should be safe and convenient to use. Steps, revetments, handrails and other structures are also provided where necessary.
 
Holes & Trip-Hazards
On a natural surface there are often holes that an inattentive user could put a foot down or tree roots, rocks, etc. to trip over. Where the surface is natural rather than artificial users should expect to find such features and take appropriate care. Particular care should be taken when running or riding quickly and when visibility is poor.
 
Vegetation (Overgrowth and Undergrowth)
Users can expect to find some vegetation on many paths but a little-used rural path may have both overhanging vegetation and upgrowth through the surface of the path that makes it difficult to use. Urban or semi-urban paths and promoted routes should be free from vegetation. Although there is a regular programme of vegetation clearance from many paths which are subject to undergrowth it is not possible to anticipate all locations where this is required and Lancashire County Council relies on members of the public reporting problems of excessive vegetation.
 
Bridges
In most cases users can expect a means of crossing a watercourse but this may be stepping stones or an Irish bridge not usable when the water level is high. Historically some paths cross rivers or streams where there has never been a bridge or stepping stones but where the water level is, or once was, suitably low but care must be taken by any user as the suitability of a crossing point in any particular conditions cannot be guaranteed – it is the responsibility of the user to assess the circumstances at the time and not to take risks.
 
Obstructions
What users can expect is that there should be no obstructions such as locked gates, piles of building materials, paths ploughed or covered in crops, buildings, fences across the path or ‘keep out’ notices. These are dealt with by Lancashire County Council in a prioritised manner according to how much they prevent or inconvenience members of the public and any alternative route or structure is taken into account.
 
Highway Authority’s Duty
It is the responsibility of Lancashire County Council as Highway Authority to ensure that the public rights of way are kept free from obstruction, that structures are provided where appropriate and maintained in a safe and convenient condition and that vegetation and crops are not allowed to obstruct the public rights of way. Surfaces are also the responsibility of Lancashire County Council.
 
Landowner’s Duty
It is the responsibility of the landowner to maintain any permitted gaps, gates and stiles and not to obstruct the public rights of way. It is normally the responsibility of the adjacent landowner to keep their boundary hedges, trees, walls or fences from encroaching onto the right of way, to reinstate the surface of the path following the ploughing a cross-field path and to keep it free of crops.
 
Risk & Personal Liability
It is the responsibility of each user of a public right of way to assess the nature of the path for themselves and to take appropriate care – if necessary turn back rather than risk injury to yourself or companions. Please bear in mind that in general the public rights of way are NOT regularly inspected but repairs are carried out where necessary in response to reports by members of the public. This maintenance work is prioritised according to Lancashire Countryside Service’s Strategic Statement of Priorities for Public Rights of Way.
 
Where paths have not been constructed but are simply a worn line on the ground, or maybe not even that, users must be aware that there could be holes made by animals or water, tree roots, rocks and other natural hazards to trip over or fall into. Similarly the path may be overhung by low branches, pass close to steep slopes, traverse river banks or cross fast-flowing streams.
 
Where paths have been constructed in a rural area the purpose is generally to facilitate passage across boggy, steep or otherwise difficult terrain and they may be uneven and slippery – this is the nature of such paths and users should take appropriate care.
 
There are public rights of way which follow historical routes, often through areas of industrial archaeological interest, which used to be maintained to a high standard appropriate to that historical land-use but which is not necessary or appropriate today. This sort of route also requires users to take care appropriate to a deteriorated surface.
 
Users of paths in an urban or semi-urban environment which have been constructed, often with a tarmac surface, can expect them to be reasonably free from deep puddles or mud but not to the standard of footways alongside a road (pavements). There may still be some holes and puddling which would be unacceptable on a footway. The user has a responsibility to take care appropriate to the general nature of that particular footpath.
 

 Information

  • It is illegal to put plain, barbed or electrified wire across a right of way. It is not illegal to run wire along the side of a right of way unless it is dangerous or inconvenient to a person using the way.
  • Byways open to All Traffic and Restricted Byways' may not be ploughed under any circumstances.
  • Landowners and farmers may shoot on their land but not in such a way as to endanger the public's use of a right of way.


Please note that the above is not intended to be a complete and exhaustive account of the law relating to public rights of way.We hope that you enjoy Lancashire's public right of way network but if you do encounter any problems, or require further information on any aspect of public rights of way, please contact the Lancashire Countryside Service. If any problems are encountered, it would be helpful if you could give a detailed description of where the problem occurred, inform us of its nature and whom you believe may be responsible.

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© 2012, Lancashire County CouncilPhone: 0845 053 0000 email: enquiries@lancashire.gov.uk