Countryside Jobs Service       CJS Weekly Special Edition Supplement: Access and Rights of Way. 19 May 2008.   You are here> Jobs > Special Editions Information> May 08

When is a path not a right of way?

Ancient law in England and Wales means that public rights of way can arise over a period through use by the public.  A landowner is considered to dedicate the right without formal provision if he does nothing to make users aware that he does not intend it to become a right of way.  For a path to be claimed as a right of way by users and recorded as such by the council, its use is usually challenged by the landowner.

The meanings of ‘use’, ‘intention not to dedicate’ and ‘challenge’ are not easily defined.  The issues were recently considered by the House of Lords which resulted in a change to case-law and much clearer guidance.

Use of the path must be enough for it to have reasonably come to the landowner’s attention, so this can vary depending on location; use past his home is more likely to be noticed than on a remote moor, so less use will be judged to be reasonable to have come to his notice in a location he visits a lot to one he does not.

To prevent a right of way being assumed, the landowner must make it clear to users of the path that it is not his intention to dedicate a right of way, even if use occurs.  This is usually by erecting notices, reporting notices going missing to the council, making a statement of his lack of intention to the council or turning back users on the path.  The House of Lords held that this action need not be continuous but must have been during the period, ie. evidence of actions before or after the period in which use has occurred are not enough.

 The finding that actions expressing the landowner’s lack of intention must be obvious to the users of the path overturns previous case-law and is of great importance.

The actions that indicate the landowner’s intention not to dedicate a right of way may be the same as those which challenge use, such as notices, an occasional locked gate, a statement to the council.  However, a challenge to whether use is by right can also be by someone other than the landowner.

Sue Rumfitt and Geri Coop, IPROW

Tom Franklin explains the significance of the Ramblers’ Association for the countryside

Britain is criss-crossed with over 225,000 KM of footpaths, bridleways and public rights of way. With its sumptuous countryside, national parks, way-marked paths and enlightened ‘Right to Roam’, Britain is one of the most walker-friendly countries in the world. Seventy years ago, however, it was a very different story. When the Ramblers Association first came into being, much of Britain was out of bounds to walkers. Enclosure, followed by the Industrial Revolution, had swallowed up vast tracts of formerly common land in a process that had placed, for example, 99% of the Peak District off limits onto private company or estate land.

 Early walkers risked prosecution, gamekeepers and even man traps, but despite the hardships, tens of thousands of ramblers fleed the towns for the countryside every weekend because – as legendary rambler Benny Rothman put it: “There were three cheap things we could do to enjoy ourselves: cycling, camping and rambling." Federations of ramblers clubs sprang up all over the country to lobby for access and explore the land, and in 1935 the National Council of Ramblers was formed.

Over its 70 year history, the Ramblers’ Association has witnessed a seismic shift in the nation’s attitude towards the countryside from ‘theirs’ to ‘ours’, starting with the post-war establishment of 10 national parks and legislative provision for a ‘definitive map’ that enshrined a legally recognised and protected public rights of way network. The Ramblers’ Association, with its sprawling network of devoted volunteers, quite simply, coaxed, campaigned and drove the process every step of the way. Volunteers such as Tony Drake in Gloucestershire helped create the rights of way network, researching his local paths, tramping them out, sending the records off to the county council to place on the ‘definitive map’.

Ramblers also persuaded the Ordnance Survey to show footpaths on maps so walkers would see where they had a right to walk in the countryside. From the ‘80s onwards thousands of new walkers were led to explore the land, using locally produced ramblers guidebooks or joining RA walks which encouraged anyone to turn up and participate. At a national level, the Ramblers’ Association lobbied for – and obtained piece-by-piece – legislation to open the countryside up to walkers, culminating in the Countryside and Rights of Way Act 2000 which granted freedom to roam in open countryside in England and Wales. The outcome of these combined efforts, simply, is that walking is now part of the warp and weft of everyday life, incorporated into the infrastructure of towns and countryside alike, the life blood of the tourist industry, and part of the vocabulary of Government health initiatives. At the beginning of the 21st Century, as obesity levels soar and the proportion of the country engaged in regular exercise slumps to just 17% in some areas, the promotion and protection of regular walking is desperately needed. Currently, the Ramblers’ Association is mobilising its expert resources and devoted volunteer network to meet these new, more hidden challenges.

The popular – and growing - ‘Get Walking Keep Walking’ urban walks program is currently helping people in inner city Birmingham, Sheffield, London and Manchester to combat social alienation, depression and obesity through regular walking. Around the country local groups are working with GP surgeries to hold specialist ‘Walking for Health’ walks. The ‘Coastal Access’ campaign is gaining momentum, promising holidaymakers, tourists and residents alike the right to walk all of Britain’s beautiful coast. Finally, new generations of walkers, imperative for the continued protection and promotion of the countryside, are being encouraged through our newly formed ‘Hike’ 20s and 30’s groups.

It would be difficult to fit the reasons why walking is so important on one page; it’s free, it lifts the mood, keeps you healthy, encourages you to love your environment, encourages you to fight for your environment...

What has the Ramblers’ Association achieved? It has made walking accessible.   Tom Franklin, CEO, Ramblers’ Association   For more information about the Ramblers Association visit www.ramblers.org.uk or call 0207 339 8500. To support our work visit http://www.ramblers.org.uk/membership/whyjoin.html

Sustrans has established itself as a key provider of access to the countryside with its National Cycle Network.

The sustainable transport charity’s flagship programme is now 12,000 miles long – a third of which is traffic-free and often on disused railways, towpaths and other spaces.

It owns just over 300 miles of its routes, and usually forms permissive agreements with landowners to open up new paths, taking liability and maintenance on board.

Designers of new NCN routes can help extend the greenway as an active ‘connector’ by seeking to assemble wild or public land alongside.

For example, a section of the Colliers Way in Somerset runs through land sandwiched between an arable field and sewage works. The area was previously unattractive and little visited but has now been set aside for a wildlife reserve and is in easy reach for children on foot and by bicycle.

Sustrans’ preferred surface is tarmac because it requires less maintenance, does not pool or puddle during heavy rainfall and is easier for wheelchair users and parents with prams. Tarmac is not popular with everyone but its gleaming black appearance fades to light grey after a few months and looks less glaring once the green verges grow back and give the path a more rugged, natural appearance.

Unlike tarmac roads, sensitively planned walk and cycle paths provide safe habitats where wildlife can thrive and safe corridors for species which need to move from one habitat to another.

Back in 1992 the former Countryside Commission warned of a trebling of traffic in country areas by 2025. It indicated this would completely transform the countryside but there is little sign yet that this trend is changing as road traffic volumes in Britain continue to rise year on year.

Sustrans’ vision is a world where people choose to travel in ways which benefit their health and the environment. And when more than half of all car driver trips are under five miles, the charity believes that extending the National Cycle Network would help people make more of those journeys on foot or by bicycle – both in the town and countryside.

	‘Free the Family’ During Bike Week, 14-22 June 2008 Bike Week, the UK’s biggest mass participation cycling event, is challenging families to get out of their cars, step away from the TV and get on their bikes. From Bristol to Belfast and Edinburgh to Eastbourne, thousands of free cycling events will provide the opportunity for everyone, novices to passionate cyclists, to get on their bikes and get outdoors. Cycling is a fantastic alternative to taking the car, it keeps you fit, is good for the environment and saves you money on fares and car expenses. This year Bike Week events include children’s rides, bike safety checks and advice on getting started – all for free.
Many events will also be raising money for Bike Week’s official charity, Sport Relief, so to be part of the action find an event near you, www.bikeweek.org.uk or phone 0845 612 0661

Managing the Lyke Wake Walk

The North York Moors National Park Authority looks after around 1400 miles (2200km) of public rights of way within its boundary. This network of paths enables people to venture out and explore every nook and cranny of the North York Moors but, with close to 25,000 residents in the National Park and visitor days numbering around the 10 million mark every year, the potential wear and tear on the area’s rights of way is considerable.

The damage that can be caused by lots of feet tramping the same route can be illustrated by The Lyke Wake Walk. This 40 mile walk crosses the National Park from Osmotherley in the west to Ravenscar in the east following a line of ancient burial mounds high on the moorland ridges. It was devised by local farmer, mountaineer and journalist Bill Cowley in 1955 and quickly became a test of stamina for walkers to complete the route within 24 hours. In 1955, 191 people completed the walk; by the 1970s, 15,000 people were walking the route each year.

Much of The Lyke Wake Walk crosses deep blanket peat – an extremely fragile environment which can deteriorate very quickly once the surface has been damaged. Most of the route is not on public rights of way but its popularity has resulted in a well worn track being created across the moorland. In the worst instances, the gullies formed by erosion were over 1km long, 1metre deep and 1.5metres wide creating a huge scar on the landscape and unstable conditions.

Thankfully, these erosion scars are fading thanks to improvements to the route such as drainage work, pitching sections of the route surface, infilling with graded stone and a geotextile membrane and consolidating several paths in the same vicinity by covering some with heather brash/turves to allow the vegetation to recover. There are also less people walking the route these days.

Until fairly recently, funding to repair sections of the walk that were not on public rights of way was hard to come by, but the introduction of Open Access has facilitated large scale repairs on some of the permissive sections of The Lyke Wake Walk where erosion was still an issue. One such section was an eroded valley towards the end of the walk on the remote Fylingdales Moor.

Over the last six months 400 tonnes of stone has been airlifted in to provide a pitched route down the valley sides and a flag stone path on the east and west of the beck in the valley bottom. Heather bales have also been airlifted in to improve drainage and landscape work has been carried out to stabilise the slope with moorland vegetation. The improvements will not only make it easier for walkers to descend and ascend the steep valley sides, but will also prevent erosion happening on such a scale in the future. Thanks to the cooperation of the landowner, this section has now been dedicated as a Public Footpath.

Work on Jugger Howe

Damage to path before work began.		airlifting the stone before work begins		The final result.

North York Moors National Park Authority, www.visitnorthyorkshiremoors.co.uk 

Companies and Consultancies: Maintenance and Management

A Day in the Life of a Rights of Way Officer

Lucy Breeze, Public Rights of Way Officer for Kent County Council normally starts work at 7:30 so the first task of the day is making a strong black coffee! Followed by about three hours doing general administrative tasks such as replying to enquiries and responding to planning application consultations. Talking to the public is a daily part of the job and with issues varying from reporting problems such as illegal motorbike use and overgrown paths to wanting information about where to walk or advice about replacing boundary fencing next to a Public Right of Way. By about 11am she's ready to go and carry out path inspections, usually three of four at a time. "Unless an emergency, I tend to wait until I have three of four paths to inspect in an area before carrying out my site visits. Today I headed out to the north-western edge of my area (I manage an area of 240 square kilometres containing 591km of Public Rights of Way) to investigate a fallen tree, a broken stile and a path obstructed by a manure heap. Luckily the fallen tree was small enough for me to cut up with a hand saw and move to the edge of the path, but the stile had definitely come to the end of its life and would need completely replacing. Finally, I visited the manure heap and although smelly, the heap was a good 10m from the path and was not causing a problem. Returning to the office I updated the Countryside Access Maintenance System and contacted the owner of the broken stile to ask if they would like to replace it with a more accessible gate. " said Lucy. "The majority of the practical work is carried out by contractors, but I do carry out smaller works such as removing the tree or sometimes repairing stile steps and putting up waymarking. Once a year I also get together with my colleagues to do a bigger construction job." she adds.

Work varies with the seasons, there tend to be more enquiries during the spring and summer as more people are out walking. At the beginning of May the grass and nettles do a ‘magic beanstalk act’ so much time is spent checking on overgrown paths. Lucy also has to ensure paths have been reinstated through arable crops. With the weather deteriorating, November through to February is a chance to deal with the time consuming, long-term problems in the office. But that’s not to say that the Officers won’t be out there walking the paths in the wind and rain – there’s always fallen trees, muddy paths and even bridges swept away in winter floods to be looked at.

Lucy has a degree in Environmental Geoscience and had been working in countryside access for two years before gaining the post.  For this sort of job the ability to read a map is definitely essential, as is the ability to interpret Highway Law which can be quite complicated, but most of the knowledge is picked up as you go.

She says that getting embroiled in a neighbourly dispute where both parties are using the Public Right of Way as a means of antagonising the other is the worst aspect of the job; but that's balanced by walking in the countryside on a warm spring day when the bluebells have just come out.

Like all jobs Rights of Way work has it's moments, Lucy remembers being phoned by a gentleman who had woken up to discover that someone had creosoted the back of his garden fence during the night.  Although not angry (because they’d done a good job), the man was rather bemused and wondered if I had arranged for it to be done as his garden backed onto the Public Footpath. I never did find out who painted the fence, but I like to think that there is a gang of ‘helpful vandals’ who go around tidying footpaths and painting fences. By Lucy Breeze, Public Rights of Way Officer, www.kent.gov.uk/countrysideaccess

Mountaineers Do Their Bit for the Environment   We all have the right to responsible access to almost all land in Scotland under the Land Reform (Scotland) Act 2003. The Mountaineering Council of Scotland (MCofS) was very involved in the preparation of the accompanying Scottish Outdoor Access Code, and our commitment to access and conservation continues to be a strong theme in our work. The legislation is about rights based on access to area, but humans are creatures of habit and the vast majority follow popular linear routes. These vary through paths worn by feet, repaired linear erosion, and constructed paths.

Tens of thousands of pounds are spent every year on upland path work in Scotland. Everyone going into the uplands can do their bit to reduce their impact, repair damage or contribute to the funds for this work. Through the website, magazine (The Scottish Mountaineer) and advisory guidance, MCofS promotes understanding, provides advice and raises the profile of ways to help conserve the places you enjoy; for yourself and future generations. Many ways you can help cost you absolutely nothing.

·          Scree slopes are an important and vulnerable habitat. Avoid damage to them by finding another route unless there is absolutely no other route you can take.

·          If there is an erosion scar, walk within its boundaries to avoiding spreading the erosion. Alternatively completely avoid the whole area.

·          It is far better to follow a zig-zag route rather than kicking in to soil like you do into snow in order to go straight up a slope.

·          Use the lightest footwear appropriate to safe traverse of the terrain.

You could also consider volunteering for path repair projects; information about where to find out about these opportunities can be found at www.mcofs.org.uk/conservation-path-issues.asp . Even if you simply cleared the stones and soil from a drainage channel across a path each time you are out, the requirements for maintenance would be greatly reduced. This would have considerable affect if everyone did it.

MCofS also works at the strategic level as part of Upland Path Advisory Group (to ensure quality and appropriateness of path repair), National Access Forum (to promote responsible access), and with landowners (to provide support and advice). Recently we achieved the prioritisation of upland path repair in a number of important regions as part of the new Scottish Rural Development Programme payments.

If you find a path suffering from serious erosion, please e-mail MCofS the grid reference of the start and end of the section of path and a digital image. This will help us focus our efforts on applying pressure to have erosion repaired, or paths maintained.

MCofS continues to fight for your rights to access the uplands and crag environments of Scotland, and for its good quality management; read more at www.mcofs.org.uk.

The British Horse Society   Who are we? The British Horse Society is the UK’s leading and most influential equestrian charity.

Including British Riding Clubs, our 106,000 member strong organisation works for the good of every horse and rider focusing in the crucial areas of welfare, safety, training, education and of course access and rights of way. There are some 430 British Riding Clubs and 153 BHS Affiliated Bridleway Groups working hard for access and right of way in their regions.

What does the Access and Rights of Way Department do? We work to defend, extend and promote safe off-road riding and driving opportunities for every horse and rider in Britain. As Statuatory Consultees for Equestrians on Public path orders, we process daily, orders, planning applications and consultations through our extensive database and disperse them for actioning by our trained regional volunteers.  We lobby government on crucial vital issues effecting equestrian off-road access, including Coastal Access, and work closely alongside fellow user groups to make the most out of shared routes and multi-user paths. Working with Landowners The majority of our work with landowners is usually carried out by our volunteers. Many landowners approach the Society in order to establish Equestrian routes on their land, others are contacted by our volunteers to establish new routes, permissive routes. Landowners are vital to our work and help to sustain equestrianism, trade and equestrian investment in the local economy. They also help provide key links to national networks and long distance trails, essential for those riders and drivers who need to source safe off-road riding. Through the Environmental Stewardship Scheme’s Higher Entry Level, Landowners can be rewarded for permitting equestrian access on specific field margins. Contact Defra for further details.

There are currently over 900,000 horses and more than 4.2 million horse riders. While there are 331,144 miles of road available to motorists in England and Wales, there are only 42,000 miles of off-road routes (including Bridleways) available to equestrians, equating to just 22% for horse riders and just 5% for carriage drivers. With increasing volume of traffic on the roads, it is imperative that riders and drivers have access to safe-off road riding. Access Awards Every year the British Horse Society recognise and reward nominated members of the public, BHS members, public agencies and local authorities in order to thank them for, promote, and encourage their work.  Last year the Ministry of Defence, Sennybridge received the Access Award for the public agency which had done most for equestrian access, Caerphilly County Borough Council received the award for the Local Authority being most active in opening up equestrian routes and Somerset County County Farms in recognition of their voluntary dedication of bridleways in Somerset. Article and photos by Heather Holmes, BHS  www.ride-uk.org.uk  www.emagin.org

Signs and Interpretive Panels:

Walkers with dogs: new approaches to better management   Do you have “issues” with dog owners? Are the same old signs and leaflets not improving things? If so – you are not alone! And better still, the advice and support you need is out there, if you really want to improve things. Thanks to a mixture of academic research and practical management over the last 6 years, access managers in the public, voluntary and private sectors are benefiting from new approaches to managing dog owners. With around 6 million dogs in the UK and 15 million people involved in their care and exercise, dog owners are one of the biggest, daily, year-round users of public access to the countryside and urban greenspace. As access managers know all too well, the behaviour of some owners is a frequent cause of complaint from landowners and other access users. But dog ownership also helps to deliver many Government targets: taking regular exercise; active social networks; fewer visits to the doctor; deterring and reporting rural crime.

Traditionally, we’ve largely relied on reactive and restrictive approaches, although in reality these often just displace unwanted activity elsewhere. This might solve an individual site manager’s issues, but it does little to proactively manage where pet dogs go and what they do, that can in turn reduce conflict for all and secure their owners’ political support as a significant consumer of our services. Research commissioned by bodies including the Forestry Commission, Hampshire County Council, the Kennel Club and Natural England, highlights the daily demand for off-lead exercise, close to home and away from traffic, and how we as access managers share responsibility for perpetuating needless conflict. For example, lambing and nesting birds signs left up all year; conflicting information from different departments; poor liaison with dog owners’ networks like vets and training clubs. Enlightened access managers across the UK are now benefiting from staff training and online resources, to develop a more proactive approach; and this isn’t about being soft on the “puppy huggers”! It’s simply about applying sound principles of visitor management. Firstly, it’s about facing up to the reality that vast numbers of dogs will be exercised every day, and exploring how that can best be accommodated. Secondly, it’s about delivering accessible and relevant information that’s clear, credible and consistent, offering explanations and alternatives when restrictions apply.
For more information see: www.forestry.gov.uk/england-dogs    www3.hants.gov.uk/countryside/dogs   or contact Stephen Jenkinson:  08456 439435   steve@sjacm.co.uk

Countryside Furniture:

Specialist Equipment:

PERSONAL LOCATOR BEACONS by Jenni Miller

If you’ve ever tried to get mobile phone connection in a remote area, you’ll know that it can be hit and miss!  What would you do if you got injured, or was suddenly taken ill, and needed help quickly whilst riding your horse?

Personal Locator Beacons are about the size of a mobile phone with a panic button that sends an emergency signal by satellite to RAF Kinloss who then investigate.  The unit sends a GPS location position so they know where you are within 125 metres…. quite accurate!  The emergency services would be sent to the location saving them time in searching, and rescuing more promptly.  You can die from exposure or shock if rescue is delayed.

Currently Personal Locator Beacons are only legal for use by marine and air, not for in-land use. The units are licensed with OFCOM and registered with the PLB registry.  Records of the owner are kept so if the PLB is activated they can check authenticity of the alarm before sending rescuers.

Equine Ramblers UK is running a petition to demonstrate that land users want a level playing field with marine and air users.  For more information please visit the web page http://www.equineramblersuk.co.uk/personal-locator-beacons.php and explore the blog.

Googling the countryside - web mapping for the countryside

 Many people are now familiar with web based mapping, the sort of thing that allows you to search for places, move around a map, zoom in and out and ‘interrogate’ mapped items for more information. The ability to select the type of information you wish to see and the scale that you wish to see it makes web mapping an amazing promotional and information provision tool. Printed materials simply can not convey the same range and detail of information and of course can not be kept up to date in ‘real time’.

Historically, publishing your data in this high tech way was a difficult business (requiring powerful servers and expensive software and mapping licences) - but not any more. As a specialist consultancy in this area, web mapping projects that would have cost £10,000 a few years back are now being delivered for £3,000. So what’s new then? Well two things really, firstly the underlying technology has gone from strength to strength and secondly background maps and superb aerial imagery are now being 'served up' by Google, Microsoft and others for free. OK there are some licensing issues to consider, but so long as the web mapping is freely available to the public, then Local Authorities can make use of the Google maps without charge. The Microsoft licensing currently requires an annual fee for most public sector use.   A simple web mapping page can for instance display your public paths, green spaces, promoted routes and other infrastructure such as car parks or accommodation. Users can choose what is displayed ('show me stile free paths'), view it superimposed over high quality aerial imagery and even ask questions such as 'find my nearest bridleway'. Another popular feature is feedback forms, allowing users to point to a feature on a map (automatically generating a grid reference) and submit their comments. If you would like to see an example of a simple and low cost path mapping solution follow the link from www.esdm.co.uk/cams.asp

Some notes for the technically minded:

If you have limited point data (or simple boundaries) then these can be created as a layer' within your browser. Really quick and simple to build, but only works well for low volume data (above 200 objects and the browser starts to grind a bit). For higher volumes (which includes rights of way networks), we have found that data is best ‘served’ as WMS (Web Mapping Services) fed through a proxy server which addresses some of the edge effects that can otherwise occur with WMS tiles. Querying functionality such as ‘find my nearest’ requires the data to be held in a spatially enabled database. We presently use the open source ‘MapServer’ to serve WMS and postGIS for spatially enabled data.

Jon Young, jony@esdm.co.uk  (01874) 711145 exeGesIS SDM Ltd www.esdm.co.uk (exeGesIS is the company behind the Countryside Access Management Systems (CAMS) & other countryside management applications. CAMS is used to manage over half the public paths across England & Wales)

Training  and advice:

Details believed correct but given without prejudice.  A4 side this Special Edition: 8