PREPARATION OF RIGHTS OF WAY IMPROVEMENT PLANS GUIDANCE TO HIGHWAY AUTHORITIES Prepared by Wendy Thompson, Senior Rights of Way Adviser, Access Policy Branch 
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NCAF 7/4 Improvement plans

PREPARATION OF RIGHTS OF WAY IMPROVEMENT PLANS GUIDANCE TO HIGHWAY AUTHORITIES Prepared by Wendy Thompson, Senior Rights of Way Adviser, Access Policy Branch
 

Summary

The National Countryside Access Forum are invited to provide advice on the draft guidance to highway authorities on the preparation of Rights of Way Improvement Plans. The advice will be taken into consideration in finalising the draft before it is sent to the Department of the Environment, Transport and the Regions.

Background

1. The Countryside Agency (and its predecessor the Countryside Commission) believes that there is a need to improve, rather than merely preserve, the rights of way network. We believe there is scope, in particular, to provide more opportunities for cyclists, equestrians and people with disabilities, as well as more circular routes for all. We made a recommendation to Government to introduce legislation to give highway authorities a duty to review the adequacy of the rights of way network in their area periodically.

2. The Government responded to this recommendation and have included a provision in the Countryside and Rights of Way Bill (Clauses 56 and 57 in version following Commons report stage). In Clause 57(4), local highway authorities have a duty to have regard to guidance given to them by the Secretary of State (as respects England). The Government invited the Countryside Agency to draft this guidance.

Status of the draft guidance

3. The draft guidance has not been considered by the DETR who will wish to consider the full policy and legal implications, including its compatibility to the European Convention on Human Rights. The Rights of Way Review Committee will consider the draft at a meeting on 5 July 2000 and its views will be reported at the NCAF meeting.

4. The two appendices to the guidance are incomplete, and the one on providing for disabled people has yet to be drafted.

Implementing improvement plans

5. The Government have consciously decided that there should be no duty on highway authorities to implement their improvement plans because this will: 

a. encourage more imaginative and forward looking plans;
b. allow authorities to bid for funds from other sources to fund the improvements.

6. The Secretary of State will have the power to require highway authorities to report on their rights of way functions (Clause 65) in a prescribed way and at intervals to be specified in regulations. We believe the Secretary of State should require the reports to state how improvement plans have been implemented. 

7. We also believe that an authority must put in place a timetabled programme for the implementation of the improvement plan which may form part of an existing Milestones Statement or other business plan. Paragraphs 66 to 68 of the guidance provide advice on putting the improvement plan into effect. Paragraphs 69 to 72 advise on monitoring implementation and proposes a progress report every two years. 

The role of Local Countryside Access Forums

8. The role of local countryside access forums is discussed in paragraphs 49 and 50. It is expected that the forums will provide advice to highway authorities at various stages in the preparation of the plan and also in monitoring its implementation. 

Timing

9. It is expected that the first plans will be prepared by 2006 (or five years after commencement of the Bill). It is intended that the guidance will be issued before commencement.


30 June 2000 

 

PREPARATION OF RIGHTS OF WAY 
IMPROVEMENT PLANS

GUIDANCE TO HIGHWAY AUTHORITIES

Warning:
This draft guidance has been prepared by the Countryside Agency and has yet to be considered by the DETR. The full policy and legal implications will need to be fully explored before it is circulated for consultation beyond the Rights of Way Review Committee (5th July 2000) and the National Countryside Access Forum (19th July 2000). 

 

PREPARATION OF RIGHTS OF WAY IMPROVEMENT PLANS

CONTENTS 

Introduction1
Status3

PART 1 - CONTEXT
Importance of the rights of way network6
Relationship to other duties and powers towards rights of way 10
Priorities 14
Accommodating the interests of land managers' and vehicular users' 19

PART 2 - REQUIREMENTS OF THE LEGISLATION
The review and improvement plan process21

PART 3 - MEETING THE REQUIREMENTS OF THE LEGISLATION IN PRACTICE
Scope and content of rights of way improvement plans23
Small scale improvements to the path network27
Preparing improvement plans through a phased programme29
Assessing the adequacy of the rights of way network 31
Initial desk study33
Reporting on the initial assessments41
Consultations and cooperative working43
Publicising the survey and assessment51
Additional measures to assess the adequacy of the path network 54
Taking forward the draft plan to adoption
Preparing the draft plan56
Publicising the draft plan57
Dealing with representations61
Publication of the final rights of way improvement plan64

PART 4 - PUTTING THE RIGHTS OF WAY IMPROVEMENT PLAN INTO EFFECT
Action plans66
Negotiating improvements67
Funding68

PART 5 - MONITORING AND REVIEW OF THE IMPROVEMENT PLAN
Monitoring implementation69
Periodic review of rights of way improvement plans 73

APPENDIX A - PROVIDING FOR DISABLED PEOPLE AND OTHERS WITH SPECIAL NEEDS

APPENDIX B - COMPENSATION FOR NEW RIGHTS OF WAY


REVIEWING THE ADEQUACY OF RIGHTS OF WAY AND PREPARATION OF RIGHTS OF WAY IMPROVEMENT PLANS


INTRODUCTION

1. Clause 56 of the Countryside and Rights of Way Bill places a duty on highway authorities in England and Wales (other than inner London authorities) to prepare and publish, within five years of commencement of the section, a rights of way improvement plan. The plan is required to set out the authority's assessment of how its network meets the current and future needs of the public. It must contain a statement of the action the authority proposes to take to manage and improve the local network of rights of way. Thereafter, the authority must make new assessment at intervals of not more than ten years. 

2. This code gives statutory guidance to highway authorities in England together with further, practical advice on how to comply with these important new duties. Appendix A contains additional advice on how the authority's review and rights of way improvement plans should address the specific needs of those with disabilities. Separate guidance is being given to highway authorities in Wales by the Welsh Assembly.


STATUS OF THE GUIDANCE

3. The guidance is issued in accordance with clause 57 (4) of the Countryside and Rights of Way Bill. It is a requirement of the legislation that highway authorities have regard to this statutory guidance in so far as it relates to the preparation and content of rights of way improvement plans and any consultations in connection with such plans. Those parts of the code which are highlighted [in shaded text] constitute the Secretary of State's statutory guidance to highway authorities in England. The guidance represents the minimum steps an authority should take to comply with its duties under clauses 51 and 52 of the Bill. 

4. The remainder of the code contains additional, non-statutory, advice and guidance, which aims to help authorities meet their new duties effectively and efficiently in ways which reflect the underlying purpose of the review process. 

5. Highway authorities are also reminded of the requirement, under Section 3 of the Local Government Act 1999, to secure continuous improvements in the way in which they exercise their functions having regard to a combination of economy, efficiency and effectiveness. 

PART 1. CONTEXT OF RIGHTS OF WAY IMPROVEMENT PLANS

IMPORTANCE OF THE RIGHTS OF WAY NETWORK

6. The White Paper Modernising Government (Cmmd. 4310), published in March 1999, set out the Government's overall vision for public services in the new century. The duty now to be placed on highway authorities to prepare a rights of way improvement plan is part of that vision. Together with the application of the principles of best value under Part 1 of the Local Government Act 1999, the new duty will help to ensure ROW are improved. 

7. Inherent in the new duty is the need for an authority to consider both the priority it attaches to its rights of way function and the extent to which it is able to positively manage and develop the network. Rights of way play a significant part of our countryside heritage but the network is also directly relevant to the needs of today's society, offering unique and widely available opportunities to enjoy the beauty and tranquillity of the countryside away from roads used mainly by motor vehicles. The 1998 UK Day Visits Survey revealed that walking is the most popular activity when visiting the countryside - 66% of the population visit the countryside for a day trip at least once a year, and walking or rambling was the main activity for 35% of these trips. But apart from leisure day trips, rights of way are important in the daily lives of many people whether this is for fresh air and exercise, to walk the dog or to walk or ride to local shops or other facilities. 

8. In addition to recording, protecting and maintaining the path network, authorities should have regard to its adequacy and to the potential for improvements. Improvements are expected to enable more use to be made of the network by a wide range of users and to meet the demands placed on it. There is already an urgent need to do so in many areas. Among the factors which have increased pressure on parts of the path network and which will continue to grow in significance are the continuing changes in people's lifestyles, the wide recognition of the benefits to physical and mental health from regularly walking, riding or cycling, and a developing environmental consciousness linked to the desire to engage in sustainable, non-polluting forms of recreation. 

9. At the same time, the increases in the volume and speed of traffic which have taken place have meant that many once-quiet country roads are now unpleasant, and often dangerous, for walkers, riders, cyclists and carriage drivers. The projected future rates of traffic growth and the disproportionate increase in the volume of traffic forecasted to take place in rural areas will add both to the severity of this problem and the urgency with which it must be resolved.

RELATIONSHIP TO OTHER DUTIES AND POWERS TOWARDS RIGHTS OF WAY 

10. The Government recognises the progress that is already being made by many highway authorities in adopting and working towards the National Target for rights of way - that all rights of way should be legally defined, properly maintained and well publicised. The duty to prepare improvement plans does not affect this work or any other highway authority existing duties and powers. The need to ensure that all rights of way are free from obstruction, adequately signposted and waymarked and well maintained remain an important priority and the duty to review the adequacy of the local rights of way network and prepare an improvement plan should not detract from or hinder this. On the contrary, an authority may need to review and strengthen the effort it is making to meet existing duties. Most authorities will need to adopt a fresh perspective; one which places equal emphasis on the development of the path network. The review of the adequacy of the network and preparation of rights of way improvement plans will be a key part of that process.

11. Neither does the preparation of improvement plans take away the need for a planned approach to be adopted by each authority to the way in which it undertakes and monitors its rights of way functions and ensures that adequate resources are made available. Milestones Statements are advocated as useful ways of planning rights of way work and of ensuring that adequate resources are made available. 

12. The preparation of rights of way improvement plans will provide the opportunity for each authority to refine (or, where appropriate, develop for the first time) an overall strategic vision for rights of way, setting the context within which more detailed plans and programmes of work are drawn-up. It will also help to ensure that the authority's approach to, and work on, rights of way can be more closely integrated with its other functions and strategies (including, for example, recreation, tourism or local transport strategies) rather than being dealt with in isolation. 

13. Inherent in this new approach should be the development of a better understanding of the public's appreciation of, expectations of and demands on rights of way, together with a fresh dialogue with path user groups, local communities and other interests. Preparing rights of way improvement plans will often require innovative approaches, including new partnerships and ways of working linked to imaginative funding packages. 

PRIORITIES 

14. In reviewing the adequacy of the path network, the highway authority must be able to identify and take into account the needs of all of those who wish to use and enjoy the rights of way in its area. But there are three groups in particular which the Government believes are often poorly served by the current path network; equestrians, cyclists and those with restricted mobility. 

15. While there are an estimated 169,000 km of public rights of way in England available as of right to walkers, those wishing to ride or cycle through the countryside are restricted to using bridleways, byways open to all traffic and restricted byways which together account for less than a quarter of the path network. Clauses 43-48 of the Bill, which provide for the creation of new restricted byways, will help to ensure that satisfactory provision can be made for the carriage drivers. Although use can also be made of the unclassified roads and other, lightly trafficked minor highways that may exist in an area, it is nevertheless much more difficult to find attractive, convenient and safe networks of routes for equestrians and cyclists, away from roads used mainly by vehicles, than it is for walking. The problem is compounded both by the comparatively greater distances travelled by these users and greater difficulty which they may have in overcoming an obstruction. 

16. There are also currently few rights of way that are suitable for use by those with restricted mobility. This includes not only those with disabilities but the elderly, those with a pushchair or who are accompanied by young children and those whose mobility is temporarily impaired by an injury. It has been suggested that these groups can, together, account for up to 40 percent {check} of the population at any one time. Other users, too, will often welcome the provision of routes which are particularly easy to use and which are maintained to the highest possible standards. 

17. A further priority, particularly in relation to the authority's first review, will be to consider the extent to which rights of way provide adequate access to "open country" land to which a right of access on foot is to be given under Part I of the Bill. This includes any land which is registered common land, and that which is wholly or predominantly mountain, moor, heath or down and is over 600 metres above sea level or which has otherwise been identified as access land on a map issued by the Countryside Agency.

18. Highway authorities may wish to add further priorities to this list to reflect the specific needs and circumstances of the whole or parts of their area. For example, this might include the need to:

  • improve access to attractive areas of countryside which currently have few rights of way, or to provide or improve access to a particular viewpoint, feature or other attraction; 

  • provide attractive routes for walking, riding, cycling and carriage-driving in order to support local tourism, economic regeneration or community-led initiatives; 

  • deal with natural erosion of waterside paths;

  • provide linking routes to centres of population, or to public transport, which allow people to gain direct access to countryside from where they live; 

  • improve access to help ameliorate the effect on people's enjoyment of the countryside of a motorway or other major road or development;

  • provide convenient and safe crossings over roads, railways, rivers and canals.  

ACCOMMODATING THE INTERESTS OF LAND MANAGERS' AND VEHICULAR USERS' OF RIGHTS OF WAY

19. In assessing the adequacy of rights of way and in drawing up improvement plans, it is important that highway authorities have overall regard to the interests of agriculture, forestry and nature conservation. While rights of way improvement plans are about improving rights of way for the benefit of the public, it is nevertheless important that the interests of land managers are taken into account from the outset. Benefits to land managers which may arise from the proposed improvements should also be exploited whenever it is possible to do so. However, it is not intended that the review should identify those specific changes to rights of way which are primarily in the interests of owners or occupiers. Nor should rights of way improvement plans be concerned with proposals to 'rationalise' the path network through area wide changes. While the possibility of such changes may sometimes be raised in the local consultations, they will be more appropriately dealt with under the new provisions to be made by schedule 6 of the Bill. These will confer a statutory right on anyone who is the owner, lessee or occupier of land used for agriculture, forestry or the breeding or keeping of horses to apply for a public path diversion or extinguishment order to be made under sections 118 or 119 respectively of the Highways Act 19801. 

20. It will also be important to ensure, as far as possible, that the improvements made to the path network do not benefit one group of users at the expense of another. In particular, any improvements which are intended to benefit walkers, equestrians or cyclists should not be at the expense of, or lead to a reduction in, the rights which off-road vehicle users are able to exercise. Care will be needed to ensure that an authority's improvement plan fully takes into account the rights which off-road vehicle users have to enjoy rights of way, whether or not those rights are currently recorded on the definitive map and statement. While there continue to be no powers in legislation to enable byways open to all traffic to be created (and, for that reasons, improvement plans will not normally be concerned with the extending provision for motor vehicles) it will be important to make sure that the proposed improvements for other groups of users do not unintentionally increase the potential for conflict with vehicle users or give rise to restrictions on their rights. The principles set out Making the best of byways, for example, may be applied to avoid conflict where there is a substantial increase in use of a byway that is regularly used by vehicles. 


PART 2 - THE REVIEW AND IMPROVEMENT PLAN PROCESS 

REQUIREMENTS OF THE LEGISLATION

21. Part II of the Countryside and Rights of Way Bill places a duty on every highway authority in England (other than London boroughs ) to carry out, within five years, an assessment of the local rights of way in its area and to prepare and publish a rights of way improvement plan. "Local rights of way" are defined as the footpaths, bridleways and restricted byways within the authority's area, together with those ways within the area which are shown on the definitive map and statement as byways open to all traffic. The authority may, if it wishes, produce the improvement plan in conjunction with any district council or National Park authority for the area.

22. A number of minimum requirements are prescribed in the legislation. The main requirements are:

Frequency and timing
R A rights of way improvement plan must be prepared and published within five years of the commencement of the duty. The plan must be reviewed at intervals of not more than 10 years. The review must involve a new assessment, and a decision should then be made about whether to amend it. If the authority decides to amend the plan it should be published as amended. If it decides to make no amendments the authority must publish a report of this decision and the reasons for it.

The content of improvement plans
Rights of way improvement plans must contain: 

1. an assessment of the extent to which local rights of way:

a. meet the present and likely future needs of the public;
b. provide opportunities for open-air recreation and the enjoyment of the authority's area;
c. are accessible to blind or partially sighted people and others with mobility problems; and,
d. such other matters as the Secretary of State may direct.

2. a statement of the action they propose to take for the management of local rights of way, and for securing an improved network; and,

3. such other material as the Secretary of State may direct.

R Consultation
R In preparing or reviewing a rights of way improvement plan, and in particular in making the assessment, the highway authority must consult:

  • neighbouring highway authorities;
  • any parish, community or district councils in its area;
  • any National Park authority in its area or the Broads Authority if appropriate;
  • the Countryside Agency or the Countryside Council for Wales;
  • such other persons as the authority considers appropriate.  

Publishing and considering representations
R The requirements are that: 
a. the draft improvement plan, or plan as amended, must be published. If an authority decides to make no amendments, a report of that decision and the reasons for it must be published;
b. notice of how a copy of the draft can be inspected, or obtained, and how representations can be made to the authority must be given in at least two newspapers circulating in the area; 
c. any representations made in accordance with the notice must be considered by the highway authority before a final plan is produced and published;
d. copies of the improvement plan, any draft plan on which representations may be made and any reports of the authority's review of a plan must be kept available for inspection free of charge at the highway authority's principal offices; 
e. copies must also be available either free of charge or on payment of a reasonable charge determined by the authority.


PART 3 - MEETING THE REQUIREMENTS OF THE LEGISLATION IN PRACTICE

SCOPE AND CONTENT OF RIGHTS OF WAY IMPROVEMENT PLANS

23. The Secretary of State looks to highway authorities, in drawing up rights of way improvement plans, to be creative, forward-thinking and ambitious. The plans should be seen as the opportunity to set out what members of the public really want from rights of way and how those objectives can be achieved.

24. A rights of way improvement plan must be much more than simply a programme of work to maintain the network or to ensure the authority can meet its other duties. The focus should be on what is also needed to improve, develop and extend the path network to meet the present and likely future needs of the public. In particular, an improvement plan must be about ensuring that the local path network can accommodate the many different demands placed on it.

25. The requirements of the legislation are outlined in part 2 above. In practice, the Secretary of State expects improvement plans to be pitched at the strategic level and adopt a medium to long-term perspective. Each plan should, in respect of the area covered: 

a. address the respective needs and demands of each class of rights of way user and of those with disabilities or whose mobility is otherwise impaired. Appendix A provides advice on providing for disabled people and others with special needs; 
b. define those parts of the area within which provision for one or more class of user is considered to be deficient and indicate the scale of those deficiencies;
c. stipulate what other shortcomings have been shown by the review to exist in relation to current demands on the path network;
d. set out the opportunities that have also been shown to exist to improve rights of way, including any measures to:

  • facilitate access to areas of open country;
  • increase provision that will enable people to enjoy other parts or features of the area;
  • provide linking routes from urban areas into the countryside; 
  • improve the path network in other ways.  

e. state, in broad terms:

  • how these opportunities are to be realised and the contribution they will make towards meeting the deficiencies and shortcomings identified;  

f. include an estimate of the costs of the proposed improvements. Appendix B provides advice on compensation for public path creation orders and advice on awards of costs where representations and objections to creation orders are heard at inquiry;

  • what additional measures the highway authority proposes to take in order to resolve the remaining deficiencies, including proposals for the creation of rights of way;
  • specify the priorities the highway authority proposes to adopt.  

g. specify how progress towards implementing the improvement plan is to be monitored. 

26. It follows that an improvement plan should identify the main areas in which improvements to the network for each type of user are to be made and the corridors within which any new, strategic routes are to be developed. However, it will not generally be desirable to set out in the plan in more than broad policy terms how these strategic objectives or individual improvements are to be realised. This will need to be covered in subsequent action plans, to be drawn-up as and when each proposal or group of proposals is taken forward. Similarly, while the improvement plan should define priorities and set out a broadly indicative timescale against which the improvements are expected to be made, it is not intended to take the place of a detailed implementation programme or business plan.

SMALL SCALE IMPROVEMENTS TO THE PATH NETWORK

27. In developing its rights of way improvement plan the highway authority should not overlook any small scale improvements that may be identified in the course of the assessment and which may be capable of being implemented relatively quickly. This will include, for example:

a. investigating and resolving anomalies over the status of paths as recorded on the definitive map (such as where a path is shown as changing from a bridleway to a footpath on crossing a parish boundary) where this would help to meet the priority needs identified in the review;
b. creating short sections of footpath or bridleway to link together sections to form more useful routes and perhaps circular routes;
c. investigating the status of an unclassified highway, which is not recorded on the definitive map and statement, but which appear to be used mainly by walkers, cyclists and equestrians, particularly where this would provide a useful link in the recorded network; 
d. removing or replacing barriers, such as stiles and gates and other impediments which are otherwise potentially accessible to, and suitable for use by those with disabilities or who have restricted mobility;
e. enhancing the safety of path users (eg by enabling walkers and riders to avoid busy roads).

28. Such improvements should, where appropriate, be set out in a separate, short-term action plan, drawn up with the aim of enabling the highway authority to bring about the maximum immediate improvements to the path network within a two year period.

PREPARING IMPROVEMENT PLANS THROUGH A PHASED PROGRAMME

29. It is for the highway authority to decide whether to undertake its assessment and prepare a single improvement plan for the whole of its area, or to adopt a phased programme which breaks down the area into a number of parts and looks at each part in turn. In general, it is considered that the former will usually be preferable, and should present no difficulties to smaller authorities. However, a phased programme may have advantages in a large county, particularly where each part of the area has distinct recreational characteristics or different priorities. In these circumstances highway authorities may decide to extend a phased approach to the preparation of separate improvement plans for each part.

30. If a phased programme of work is to be adopted however, the highway authority must have regard to the requirement to complete the review and prepare improvement plans for the whole of its area within five years of the date that the provision of clauses 53 and 54 of the Bill come into force. It should define at the outset, therefore, the sequence in which the respective areas are to be assessed and the timetable for doing so. Care will also be needed to ensure that any separate component parts of the authority's overall rights of way improvement plan are well coordinated and that, taken together, the priorities and programmes of work accurately reflect the needs of the whole of its area. 

ASSESSING THE ADEQUACY OF THE RIGHTS OF WAY NETWORK

31. The Secretary of State considers that in order to meet the requirements of the legislation each highway authority will need to: 

a. undertake an initial desk study of the definitive map and statement of rights of way and all other appropriate sources of information;
b. carry out a programme of consultations with relevant national and local interest groups and with other local authorities;
c. arrange for adequate publicity to be given to ensure that members of the public in the area are aware that the review is taking place and have an opportunity to contribute to it;
d. take additional steps, where appropriate, to assess the nature and scale of the present and likely future needs of the public in relation to the rights of way network in the area.

32. These are the minimum steps necessary for an authority to meet its duty under clauses 51 and 52 of the Bill. 

Initial desk study

33. The initial desk study should include scrutiny of the definitive map and statement, together with a wider evaluation of all other relevant documents and sources of information. This wider evaluation will be important in allowing both the existing and potential use of, and demand for, rights of way to be seen in context and in allowing the development and management of the network to be integrated with other relevant strategic approaches and initiatives for the area.

Assessment based on the definitive map

34. Close scrutiny of the definitive map and statement (together with the reassessment of past requests for improvements to the network) will usually allow a preliminary assessment to be made of:

a. the extent to which a choice of routes and networks is potentially available to each class of rights of way user;
b. those areas which are deficient in rights of way for all or particular groups; 
c. any obvious inconsistencies or anomalies in relation to individual rights of way that need to be rectified; and 
d. any other opportunities which may exist to improve the path network and which are immediately apparent.

35. The definitive map should also be looked at in conjunction with the general highway network. At the same time, the authority should also make sure that it takes into account the availability of features such as canal tow paths, permissive cycle tracks and permissive paths such as those through woodlands and forests, all of which may be an important part of the local path network even though they are not recorded on the definitive map and statements. On the one hand, this overall assessment will help to highlight those rights of way that can be used in combination with unclassified roads, other lightly trafficked minor highways and permissive paths. On the other, it will help to identify those rights of way which may effectively be unusable or which put users at risk because they can be reached only along heavily trafficked roads without an adequate verge or footway. 

36. A similar assessment should be made for those areas which currently do not have a definitive map or for which a definitive map is in the process of being compiled, albeit that the authority will have to rely on provisional information about the paths that are thought to be rights of way in those areas. It will be particularly important to consider carefully any unmapped 'islands' that occur in an otherwise well-mapped area. 

37. Together with officers' local knowledge, it may at the same time also be possible to make a preliminary assessment of the extent to which rights of way are potentially available to those who are disabled or who have restricted mobility and to draw initial conclusions about some of the other aspects of the review. These might include, for example, the relationship of the path network to the most attractive areas of countryside or the extent to which a wide choice of opportunities to walk, ride, cycle and drive horse drawn vehicles are available close to where people live together with the availability of linking routes into urban areas. 

Other documents and sources of information 

38. A structured evaluation should also be made of all other relevant sources of information which allow the path network to be seen in context. This will include looking at the network in relation to the types of landscape and other significant physical or geographical characteristics of the area, the predominant patterns of land use and the main visitor attractions. It should also take into account the planning, economic development and transport polices for the area, together with any social, demographic or other factors which may have a bearing either on the recreational use of the countryside or on the current or future demands made on rights of way, whether for recreational or utilitarian purposes. 

39. The wide range of plans, documents and other sources of information that will need to be considered should include:

a. the relevant structure plans, local plans and local transport plans for the area;
b. any assessments that have been made of the utilitarian role of the path network or its potential for development as part of a sustainable local transport infrastructure (eg as part of a safe routes to schools strategy or the contribution of rights of way to any local walking or cycling strategies); 
c. any plans or proposals for the development of Greenways or quiet roads; 
d. any other tourism, economic regeneration, community development or rural challenge proposals or studies that have been undertaken in the area and which may have a bearing on the use of the countryside for recreation;
e. the main landscape, planning, nature conservation and other designations within the area, together with any strategies, policies or plans associated with those designations. These will include any areas designated as a National Park, Area of Outstanding Natural Beauty, heritage coast, community or national forest or green belt;
f. the SSSIs and scheduled ancient monuments together with such information as is available about the features, use and management of these sites in so far as it is relevant to rights of way;
g. such information as is available on the location, scale and popularity of the main recreational attractions in the area in so far as they are relevant to rights of way. These might include for example, recreation sites and facilities such as country parks, forest parks and picnic sites, together with land which is open to the public owned by bodies such as the National Trust, Forestry Commission, the Woodland Trust, British Waterways, the Environment Agency or water companies;
h. open country land to which there is a right of access on foot and other land to which the public are permitted to have access (eg under the Countryside Stewardship scheme); 
i. other main features or attractions in the areas (eg popular beaches, lakes, river valleys, attractive villages, viewpoints);
j. any parts of a National Trails or the national cycling network, together with regional routes and other nationally or locally promoted walks and rides within the area (including any relevant information about the popularity of these routes, their availability to the priority groups or the contribution the route makes to the local economy); 
k. major areas which may be open to the public under the EU agri- environment grant schemes, or by virtue of tax exemption or other programmes.

40. This overall assessment should also take into account the condition of the path network (including any recent surveys that have been undertaken), the highway authority's Milestones Statement for rights of way and the progress being made by the authority towards meeting the national target for rights of way. Those authorities that do not have a Milestones Statement should instead set out in a concise statement of their assessment of the availability of the path network in practice in their area and the work that is needed for all rights of way to be properly recorded and open for use at a basic level. 

Reporting on the initial assessments

41. A concise report should be produced of the initial desk study and other assessments that presents the rights of way network in its wider context. The report should also set out the additional measures that will be taken to complete the review of the adequacy of the network, including any additional research that is proposed to be undertaken, and the factors which at this stage would appear to be most relevant in drawing up the authority's rights of way improvement plan. 

42. The stage at which the authority decides to publicise its report on the assessment and to invite comments should not necessarily be dependent on the prior completion of these initial assessments. Where it is possible to do so, however, it will be useful to circulate either the report, or a summary of it, to all consultees both as a basis for the consultations and to help inform and steer discussion of the issues involved.

Consultations and cooperative working

Working in partnership with neighbouring highway authorities and other local authorities

43. The legislative requirement that the highway authority consults the highway authorities for adjoining areas and parish, town and community councils or National Park authorities within its own area should be treated as being the minimum requirements. 

44. It will be essential that highway authorities are able to identify and take fully into account existing patterns of recreational use and the current and likely future demand for improvements to rights of way as and where they occur, irrespective of administrative boundaries. Close cooperation will therefore be required between neighbouring highway authorities, particularly where an area of countryside is mainly used by, and meets the needs of, an adjacent urban population living within the neighbouring authority's area. This should include cooperation between the two authorities in assessing their respective definitive maps for the boundary area, in looking at how such areas are used by the public in practice and in carrying out any related surveys or group discussions. Authorities should similarly ensure that their rights of way improvement plans for boundary areas are closely co-ordinated and may, on occasions, decide to develop joint improvement plans for such areas. 

45. Close inter- and intra-authority cooperation is also required, both between the highway authority and any other local authorities or National Park authorities for the same area and between respective departments of the highway authority itself. It will be important, for example, to ensure that the rights of way improvement plan takes into account the provisions made in any local plans, local transport plans and other strategic plans or proposals for the area (including any economic, tourism or development strategies). At the same time, the local authorities should ensure that the strategic proposals for the development of the path network, as set out in rights of way improvement plans, are supported in turn by the policies and proposals made in relevant structure, local and local transport plans as and when these are developed or revised.

Consultation with relevant national and local interests

46. The basic requirements of the legislation regarding the consultations to be undertaken by the highway authority should be interpreted widely. The aim should be to ensure that all those with an interest in the rights of way in the area are aware of, and have the opportunity to contribute towards, not only the preparation of the draft plan but also the assessment of the adequacy on which the plan is to be based. Notice that the review is taking place should be sent to: 

a. the countryside user and any other groups that are known to have interests in relation to rights of way in the area;
b. the main national groups (as listed in Appendix A) and any local groups representing the interests of those with disabilities or with other special needs;
c. local representatives of the farming and land owning community (eg Country Landowners Association, National Farmers Union);
d. regional tourist boards, local tourism consortia and other relevant interests (eg chambers of commence).

47. The notification given should:

a. inform consultees that the review is being carried out and make clear its purpose, the area to be covered, and the timetable being followed;
b. be accompanied by a summary of the initial assessment undertaken by the authority where this is available;
c. briefly summarise what appear to the highway authority to be the main issues to be addressed in its rights of way improvement plan; 
d. invite representations, particularly to help more accurately identify or quantify the unfulfilled demands on the path network and the areas in which they occur;
e. encourage consultees to put forward outline proposals as to how the path network might be improved.

48. At the same time, it will be important from the outset to foster a sense of realism. The aim should be to encourage focused and constructive discussion of the issues involved together with realistic and clearly prioritised suggestions for improvements that will have the maximum public benefit. In order to enable a balanced debate to take place, sufficient time should be allowed for local groups to consult their members, consider the issues and develop a measured and well substantiated response to the consultation. 

The role of local countryside access forums

49. Local countryside access forums will be non-statutory bodies established by, and responsible to, individual or neighbouring authorities. Though they will not have the power to make decisions, the advice they give will strongly influence how the authorities perform their executive functions in relation to the rights of way network and other access duties.

50. In relation to rights of way improvement plans, local forums should be invited to advise authorities on:

a. the results of the initial assessment by the highway authority before consultation with relevant national and local interests;
b. the draft statement of action the authority proposes to take to manage and secure an improved network;
c. the draft improvement plan prior to publication;
d. the results of public consultation on the draft plan and any particularly significant issues which have arisen from it;
e. the priorities for the action plans which follow from the review; and 
d. progress in implementing the action plan.

Publicising the report of the assessment

51. Although not a statutory requirement, publicising the report on the initial assessment of rights of way will often be helpful, allowing members of the public and any other local bodies and organisations that have not been directly consulted to be aware that the assessment is taking place and giving them the opportunity to the express their views. 

52. It is suggested that notice should normally be published at the start of the assessment process in at least two newspapers circulating throughout the area. Copies might also be available from local authority web sites and should be displayed at main council offices, libraries, and information centres following the same procedures as for the subsequent statutory notice (see paragraph XX below). The notice should briefly explain the purpose of the assessment, including the intention to draw up a rights of way improvement plan, indicate where further information can be obtained and invite anyone who wishes to do so to make representations by a specified date. Media interest in the assessment should also be encouraged but should not be relied upon to guarantee sufficient area-wide publicity.

53. Publication and wide distribution of a summary of the findings of the authority's initial assessments together with the key issues on which the authority wishes to encourage debate, as suggested at paragraph XX above, will also be helpful in generating awareness of the assessment and in encouraging constructive local debate. 

Additional measures to assess the adequacy of the path network 

54. It may on occasions be helpful to a highway authority to test either its own assessment of the adequacy of the path network or the views put to it in the course of consultations with some form of independent, neutral assessment. Doing so will also allow the authority to gauge the wider public perceptions of the importance of access to the countryside in general, and the rights of way network in particular, including to sections of the community that would not otherwise respond to the consultation exercise.

55. Local authorities now have wide experience of using market research and other techniques to test whether, and to what extent, the services which they provide are valued and meet the public demands and expectations. Techniques which are thought to be particularly useful in assessing the public's perceptions of rights of way include focus group discussions and telephone and face-to-face home interview surveys. 

TAKING FORWARD THE DRAFT PLAN

Preparing the draft plan

56. Having taken account of all representations made during the assessment stage, an authority will then need to draw the information together into a draft rights of way improvement plan. The draft plan must include the results of the assessment, taking account of all of the matters referred to in the legislation (listed in paragraph XX). The draft plan must also contain a statement of the action the authority proposes to take to manage rights of way and to secure improvements. 

Publicising the draft plan

57. It is a requirement of the legislation that the highway authority should publish its draft rights of way improvement plan and invite representations to be made by placing a notice in at least two newspapers circulating in the area. The authority is also required to consider any objections made within the specified time limit before a final improvement plan is produced and published. 

{If the form of notice will not be prescribed in Regulations a model could be included in an appendix.}

58. The invitation for comments on the draft plan should explain that the plan is strategic and will not include detailed or specific proposals on particular improvements to the network [see paragraph 26].

59. The draft rights of way improvement plan and any notice inviting representations should state clearly where comments should be sent and by when. A minimum of three months from the date of publication should be allowed for consultation.

60. As with other aspects of the legislation, however, this should be regarded as being the minimum requirement for publicising a draft improvement plan and most authorities will wish to take additional measures. These might include:

  • sending a copy of the draft plan or a summary of it to the bodies, organisations and individuals who were consulted about or who commented on the assessment of adequacy; 
  • making a summary of the main findings and proposals in the draft plan more widely available to members of the public; or 
  • presenting its strategy to meetings of the main user, local community and other interest groups.  

Dealing with representations

61. All representations received by the highway authority must be acknowledged and all views expressed must be taken into account in the preparation of the final rights of way improvement plan. Authorities will need to ensure that they continue to focus at the overall strategic level. 

62. Rights of way improvement plans not part of the statutory planning process, as are for example, structure, local plans and local transport plans and so are not subject to examination in public. The ability to make representations will not replace the need for detailed consultations and negotiations as and when each individual proposal is taken forward and before it can be put into effect. It does not affect in any way the rights which anyone has to make representations or objections to any public path orders that may be made, or to the way in which those objections are determined.

63. A report of the representations received and proposals for amending the draft plan should be considered by the Local Countryside Access Forum. Where there are major objections to the draft plan the Forum should be invited to advise on how these could be resolved. The final draft should be considered and adopted by the appropriate local authority committee.

Publication of the final rights of way improvement plan

64. Legislation requires that the final plan must be published. The highway authority should also write to all those who have commented on the draft plan or who have been involved in its preparation so they can be made aware that the plan has been adopted and published. They should be informed about how they can inspect a copy of the plan or how to purchase a copy. {notice in newspaper?}

65. Copies of the rights of way improvement plan must be available for inspection and it is suggested that it is kept alongside the definitive map and statement. Copies must also be available for purchase at a reasonable charge determined by the authority.


PART 4 - PUTTING THE RIGHTS OF WAY IMPROVEMENT PLAN INTO EFFECT

Action plans

66. Following formal adoption and publication of the rights of way improvement plan an authority must put in place a timetabled programme for its implementation. This may form part of an existing Milestones Statement or other business plan for rights of way work.

Negotiating improvements

67. Securing the proposed improvement to rights of way is important. Highway authorities should negotiate with landowners to establish the ways needed to implement the improvement plan. The presumption should be that new rights will be established by agreement in most cases. Authorities should set a time limit for the negotiations with the aim of reaching a conclusion within two years. If at the end of that period, agreement on a particular path has not been reached, the authority should use its public path creation order powers to achieve the same effect. 

[Reminder of the powers also available to district and parish/community councils.] 

Funding

68. Authorities will need to develop imaginative and innovative packages to fund the improvement of the network. Sponsorship and grant-aid may be available to support proposals and lottery bids should also be considered. 

PART 5 - MONITORING AND REVIEW OF THE IMPROVEMENT PLAN

MONITORING IMPLEMENTATION

69. The Secretary of State has the power to require by regulation that highway authorities produce reports about how they have implemented their improvement plans and about such other matter as relate to their rights of way functions. The regulations are set out in .......... [More detail on the regulations]

70. To meet these requirements, highway authorities will need to ensure that they have adequate arrangements for monitoring progress towards implementing improvement plans. Arrangements need to be established at the outset.

71. Authorities should aim to report progress once every two years. A simple report on the action which has been taken towards developing and implementing the proposals set out in the improvement plan should be published. 

72. The highway authority should present its report to the Local Countryside Access Forum and to all those who were notified about, or who commented on, the draft improvement plan. The monitoring report should include statistics on the number of kms of new ROW under negotiation or established for each class of user. Monitoring should also report on improvements for disabled and other special needs users. 

PERIODIC REVIEW OF RIGHTS OF WAY IMPROVEMENT PLANS 

73. The highway authority has a duty under the legislation to review its rights of way improvement plan at least once every ten years. The legislation specifies that, before determining whether and how the plan should be amended, the authority must consult the bodies it was required to consult on the production of the original plan. Similarly, a draft of the amended plan must be published and any representations made to the highway authority taken into account before the new plan is adopted. 

74. The detailed procedures followed by the authority in drawing-up and adopting an amended plan should be the same as those followed in relation to the first plan as set out at paragraphs XX to XX above, subject to the following changes:

a. The original assessment of the adequacy of the rights of way network, including the initial desk study of the definitive map and statement of rights of way and of all other appropriate sources of information, should be reviewed with the aim of refining and updating the assessments made;
b. An overall review should also be made of the progress toward implementing the proposals in the rights of way improvement plan, including drawing together any periodic reports of progress that have been made;
c. A concise report should be made of these two reviews, which should then form the basis of the programme of consultations as set out at paragraphs XX to XX above;
d. The arrangements made for publicising the review and encouraging a constructive local dialogue should take into account the authority's experience in relation to the first rights of way improvement plan;
e. Additional steps may be taken as necessary to update or refine the authority's understanding of the nature and scale of any unfulfilled demand on the rights of way network, taking into account the improvements in provision that have been made or which are in the process of being implemented.



APPENDIX A 

PROVIDING FOR DISABLED PEOPLE AND OTHERS WITH SPECIAL NEEDS 

{To be drafted}

APPENDIX B


COMPENSATION

Rights of way improvement plans should include broadly indicative estimates of the costs of the proposed improvements. To do this highway authorities will need to determine estimates for compensation. Although there are no statutory guidelines specifying levels of compensation, a number of principles are recommended. This advice supplements advice in the DoE Circular n/n on award of costs. [Check PPO regulations 1993, Circular 3/93, CPO regulations/advice]

Highway authorities may find the following principles helpful in determining broad estimates of the compensation element of costing their rights of way improvement plans.

1. The amount of compensation should reflect the difference between the value of the land with and without the right of way. In most cases, the effect of a right of way on land values is small.

2. Compensation is usually a lump sum representing the present value of the future loss of land value. 

3. For orders confirmed under section 26 of the Highways Act 1980, the compensation is considered after confirmation. If the highway authority and the landowner(s) cannot agree on the amount of compensation, cases may be referred to the Lands Tribunal. 

4. For agreements under section 25 of the Highways Act 1980, compensation is agreed between the highway authority and the landowner(s). Where they cannot agree, they may agree to be bound by the decision of an independent arbiter. 

Costs of enquiries into public path creation orders

Advice on awards of inquiry costs is set out in [ ] and Department of the Environment Circular 2/93 (paragraphs 14 and 15). Circular 2/93 deals with costs of inquiries where a public path order, to which there are representations or objections from those with an interest in the land, leads to the order not being confirmed. These paragraphs are reproduced below. 

[Add paras 14, 15 of Circular and any other advice]