access to countryside

how many kms of footpaths, brisleways and other tracks are there is England and Wales?

225000 +

how many km of roadways are there in GB?

395,703

how many km are registered to Scottish natural heritage?

16,600

what’s the origin of rights of way?

presumed dedication in common law

when is a highway presumed dedicated for public right of way?

after 20 years use without interruption, unless contrary intention exists

what are the rights of way by common law?

most footpaths, bridleways and carriageways

what did the national parks and access to the countryside act 1949 introduce?

procedures to record public rights of way and they made footpaths and bridleways maintainable at public expense

what did the highway act 1959 do?

enforce a highway authority’s duty to maintain rights of way

what did the countryside act 1968 require?

updates definitive maps,

gave cyclists rights to use bridleways,

required oaths to be signposted,

what did the wildlife and countryside act 1981 introduce?

legislation on grazing bulls on rights of way

what did the rights of way act 1990 do in terms of arable farming?

• amended duties on ploughing rights of way (you can plough it but you must reinstate the footpath),

• new duties to prevent crop disturbance of rights of way,

what areas have rights of way?

• footpaths,

• bridleways,

• carriageways,

• restricted byways,

• byways open to all traffic,

• green lanes,

what % of England’s network of rights of way is footpaths?

78%

what % of England’s network of rights of wat is bridleways?

17%

what’s the total length of England’s network of rights of way?

187,700 km

what is classed as a civil wrong on a footpath?

to ride a bike or horse

what are footpaths marked by?

a green and yellow disc

what is a bridleway a right of way on?

foot, horseback and bicycle,

what do carriageways include?

cycle tracks, rods, streets, footways, motorways,

what 3 categories did the Gosling committee 1968 recommend reclassifying restricted byways into?

1. unclassified road,

2. bridleway,

3. footpath,

what is a NPACA 49?

a way other than a footpath or bridleway

what did the countryside and rights of way act 2000 do?

reclassify all remaining RUPP as ‘restricted byways’ from 2006 onwards

what does RUPP stand for?

road used as public path

who mainly uses a carriageway?

walkers and people on horseback

on maps, what do bridleways look like?

long green blocks

on maps, what do footpaths look like?

short green block

what’s the meaning of a green lane?

there’s no legal meaning

what is a green lane?

an unsurfaced track, which can be a footpath, bridleway or carriageway.

do green lanes have rights of way?

they may not

what can local authorities do to in order to create new rights of way?

enter into an agreement with the landowner to create a footpath or bridleway over land

what are the 4 types of major council?

• county,

• district,

• unitary,

• metropolitan,

which of the 4 major councils are highway authorities and what are they responsible for?

county, unitary and metropolitan

responsible for rights of way

where are there unitary authorities?

only in Wales and Scotland

what are the duties of the highway authority?

• maintain rights of way,

• keep an up to date list of rights of way,

• protect rights of way and prevent obstruction,

• enforce restoration of ploughed or disturbed footpaths/bridleways,

• signpost and waymarking,

what does the highway authority have to take action against?

unlawful disturbance of highway

what does the highway authority have to enforce?

duty on occupier not to inconvenience users of rights of way

what does the highway authority prosecute against?

misleading notices on rights of way

what’s the minimum width you must keep undisturbed for a field edge footpath?

1.5m

what’s the minimum width you must keep undisturbed for a field edge bridleway?

3m

what are rules around bulls and public access?

bulls over 10 months of any breed must be accompanied by cows or heifers when in fields with public access

what must definitive maps have to list?

all known rights of way in a local authority area

since when has the countryside and rights of way act 2000 been enforced?

30 January 2001

what is the countryside and rights of way act 2000 enforced by?

natural resources Wales and natural England

what does the countryside and rights if way act 2000 give you the right to? (when are there exceptions)

roam in certain areas

there are some exceptions when it comes to land management, wildlife breeding and season,

what doesn’t the countryside and rights of way act 2000 allow you to do?

no camping, no cycling, no vehicles, has to be on foot

what areas does the countryside and rights of way act 2000 allow public access to?

mountains (includes any land situated more than 600 metres above sea level,

moors,

heath,

down and registered common land

what are 3 examples of excepted land?

1. land used to grow crops,

2. parks and gardens,

3. houses, buildings and the land they’re on,

what are landowners not liable for injuries caused by?

• any natural feature of the landscape,

• any ditch or pond,

• people passing over, under or through a wall, fence, gate,

how long can landowners close access land or restrict access without needing permission?

up to 28 days each year

who needs to give permission for extended restrictions?

relevant authority such as natural England and NRW

what reasons can the relevant authority (without landowners permission)restrict access based on?

• nature conservation,

• heritage preservation,

• fire prevention,

• public safety,

• land management reasons in the coastal margin,

what is trespassing?

the unlawful entry by 1 person onto land in the possession of another

what 4 things can trespassing be?

1. intentional,

2. negligent (raves, squatters, unauthorised camping,

3. accidental,

4. criminal,