|
Who
can use public rights of way?
There are five types of Public Right of Way:
- Public Footpath - The
public has a right to pass and repass on foot and they
may take a pram, pushchair or dog.
- Bridleway - The public
has a right to pass and repass on foot, on horseback and
on a pedal cycle.
- Road Used as a Public Path
(RUPP) - The public has had a right to pass and repass
on foot, on horseback and on a pedal cycle. Public vehicular
rights may have existed but were not proven. These are
now re-classified as restricted byways.
- Restricted Byways - This
is a new classification under the Countryside and Rights
of Way Act 2000. The public has a right of way on foot,
on horseback or leading a horse, or for vehicles other
than mechanically propelled vehicles i.e. a horse drawn
vehicle. All remaining RUPPS are now re-classified as
restricted byways.
- Byway Open to All Traffic
(BOAT) - The public has the right to pass and repass
on foot, horseback, pedal cycle or with a vehicle but
the route is mainly used by pedestrians and/or horses.
Can I ride a horse, or a bike on a footpath?
No, not without the permission of the landowner. The landowner
is required to make good any surface damage caused by horses
or cyclists if they have given this permission. Horse riders
and cyclists do have a right to use bridleways and byways.
Can
I take a pram, push chair or wheel chair on a right of way?
Yes. You are allowed to take them on any public
right of way you can walk on, but be aware some routes may
have stiles and the surface could be difficult to use in
wet weather.
Can
I take a dog on a public right of way?
Dogs can be taken on public rights of way but must remain
on the route and be under close control at all times. If
there are animals nearby it is usually sensible to keep
your dog on lead.
Is
a bull allowed in a field where a public right of way passes?
Not if it is a dairy bull over 10 months old,
or any other breed over 10 months old, which is not accompanied
by cows or heifers. If you are worried about an animal keep
in a field where there is a public right of way please contact
the County Council.
How
do I know if a path is a public right of way?
These are shown on the definitive map of public rights of
way. Copies of these maps are held by Town and Parish Council
and are also available for public inspection at the offices
of County, District and Borough Councils. Public rights
of way information is also shown on Ordnance Survey Explorer
and Landranger maps.
What
is a permissive path?
A permissive path (sometimes called a concessionary path)
is a path that the landowner allows the public to use without
it being a public right of way. Because of this the route
may not always be open and could have restrictions on who
can use the path.
Who
is responsible for the protection and maintenance of paths
and for the definitive map?
The Council that has principle responsibility for public
rights of way in Suffolk is Suffolk County Council. Suffolk
County Council has a duty to prepare and maintain a definitive
map of the area and a general duty to assert and protect
the rights of the public to use and enjoyment of the paths.
The County Council is legally responsible for maintaining
the surface of paths, including bridges, and keeping them
free of overgrowth. They have the power to require owners
to cut back overhanging growth from the side of a path and
to deal with the obstruction of routes.
What
is an obstruction and can I remove it?
An obstruction is anything that interferes with your right
to use the public right of way. If you find an obstruction
you can remove it in order to pass or you can take a short
detour to rejoin the definitive route. You should report
any obstruction to Suffolk County Council.
Can
someone put a notice up saying 'Private' along a public
footpath?
No, this is a misleading notice and should be reported to
Suffolk County Council.
What
rights do cyclists have?
Cyclists have a right to use bridleways and byways, but
on bridleways they must give way to walkers and riders.
Suffolk County Council has no duty to make the surface suitable
for cyclists.
Cyclists have no right to use footpaths, even to push their
bikes along, unless they have permission from the landowner.
There are also a number of cycle routes across the county,
you can find out more by visiting http://www.suffolk.gov.uk/TransportAndStreets/Cycling/
Is
it illegal to drive cars or motorbikes on public paths?
Usually anyone who drives a motor vehicle on a footpath
or bridleway without permission is committing an offence.
What
can I do on access land?
Under these new rights you can do most recreational activities
that can be carried out on foot. Walking, running, bird
watching and sightseeing are all allowed. If you are visiting
access land with family or friends you may take the opportunity
to have a picnic or get some exercise with a quick game
of frisbee or rounders, but remember that you must not cause
damage to the site and must take away everything you bring
with you. In general this access is available all year 24
hours a day and there are no limits to how much time you
can spend on the land. However some sites may have restrictions
on them and you should always look for notices on site.
What
can't I do on access land?
The new rights do not allow access for horse riding, cycling
or driving a vehicle but if there is an existing public
right of way allowing this access it will still remain.
You are also not allowed to camp, light a fire, disturb
any animals, leave litter or do any damage to the site.
Please remember that organised games and commercial activities
are not allowed on these sites.
Can
I walk anywhere in the countryside now?
No, the new rights only apply to land that has been mapped
as open access. This could be because it is considered to
be open country, it is registered common land or has been
dedicated as open access. Currently there are no open access
rights to woodland or to the coast but there may be other
public or permissive rights that will give you access to
these areas.
Can
I take my dog onto access land?
You are allowed to take dogs on to most access land but
they must be kept on a short fixed lead between 1st March
and 31st July, this is because it is an important breeding
period for wildlife. On some sites these restrictions may
have been extended for conservation reasons or days may
be excluded completely at certain times. Please look on
site for any notices that will tell you about restrictions.
What
other restrictions are there?
We are very lucky in Suffolk to have important conservation
areas but this means they do need to be protected. As well
as the restrictions placed on dogs there are some sites
where access is excluded to the public at certain times
of the year. When this restriction is in place there are
no rights under open access to enter the site but any other
public rights will remain. It is very important these restrictions
are observed to protect wildlife, this is your chance to
play a valuable part in the conservation of these sites.
What
is excepted land?
Some of the areas that have been mapped as open access land
are shown on maps but are excepted land and the right of
access does not apply. These are generally easy to identify
on the ground:
- Aerodromes
- Arable land which has been ploughed
to grow crops within the past year
- Buildings and the land attached to
them
- Golf courses and race courses
- Land being developed for the above
purposes
- Land under military bylaws
- Land under structures - such as electricity
substations and telephone masts
- Land within 20 metres of a house, or
a building containing livestock
- Parks and gardens
- Quarries
- Racecourse training gallops
- Railways and tramways; and
- Temporary livestock pens.
Any other legal access rights, such as
public rights of way, can still be used on these sites.
How
can I tell where the access land is?
Maps showing open access land can be found at the Countryside
Agency website. This site also shows any current restrictions
which may be in place. The latest edition of the Ordnance
Survey Explorer maps also show open access land along with
other areas that are open to the public and also public
rights of way. Many of the sites in Suffolk have A4 site
signs with open access information and maps to help you
find your way, you may also see the open access symbol to
show where the sites are.
Have
the public rights of way changed?
The new access rights have not had any effect on existing
public rights of way. Any public footpaths, bridleways and
byways on open access land will still be in place and can
be used as before but any higher rights will not apply to
the access land. For example, you may ride on a bridleway
across an open access site but must not leave the public
right of way as there is no right to take a horse on to
open access land.
What
happens if I break the rules?
If you break the rules you lose the new right of access
to that land for 72 hours and become a trespasser. Serious
or repeated cases could result in the landowner seeking
a court injunction to keep you from the land.
Top of page
|