Report - Section 6.4

6.4   Rights of Way Improvement Plans

In November 2002, DEFRA brought into force the provision in the Countryside and Rights of Way Act 2000 (sections 60 to 62) that requires all local highway authorities in England (other than in inner London) to prepare rights of way improvement plans.

These plans and the associated preliminary assessment are a wholly new legislative requirement. The plan has to be published within 5 years of the commencement of the provisions.

'Local rights of way' is a new term in legislation, defined in section 60(5) of the Act as:       (a) the footpaths, cycle tracks, bridleways and restricted byways within the authority's area, and
      (b) the ways within the authority's area which are shown in a definitive map and statement as restricted byways or byways open to all traffic.

The draft guidance prepared by DEFRA sets out the stages in the production of a rights of way improvement plan. The guidance offers some interest to those who have previously sought to improve local provision of rights of way.

It includes a requirement to review the needs of different classes of user, naming ‘equestrians including harness horse drivers’, and also to review wider interests such as economic regeneration, health benefits and access to the countryside and opportunities for recreation.

Highway authorities are also asked to consider the case for extra provision, including safe and circular routes. In making their assessment of current route provision, they are required to take into consideration, amongst other things, past requests for improvements.

Following assessment, each authority has to prepare two statements of action:
      a) For management of the local rights of way.
      b) For securing an 'improved network' of local rights of way. However, there is no "statutory duty" involved in delivery.