About public rights of way

The Council is responsible for the surface of public rights of way that are publicly maintainable. Privately maintained public rights of way are maintained by the landowners. It is an offence to interfere with the surface of a public right of way to the detriment of users. We can take enforcement action to ensure the surface of a public right of way that are unlawfully disturbed are reinstated.

Occupiers of land can disturb the surface of a right of way by seeking permission from the Council to do so before any work is carried out, and by statutory licence in respect of ploughing.

For privately maintained public rights of way the Highways Act 1980 provides the Council with some enforcement powers but they can only be used in certain specified circumstances, for example in the case of a physical obstruction of the footpath. Unfortunately the powers do not extend to dealing with long grass or overhanging vegetation (unless the latter is physically obstructing use of the footpath). Plants growing across the path from beside it - is the responsibility of the landowner.