The County’s network of Public Rights of Way are protected in law, and all members of the public have a right to their use and enjoyment. Legislation places certain duties and responsibilities on farmers and landowners in respect of Public Rights of Way that cross land within their ownership and control. Similarly, developers wishing to build on land that is crossed by a Public Right of Way must bear in mind their responsibility to ensure that the public are still able to make use of the Right of Way.
Essex County Council’s Responsibilities
Essex County Council carries out a number of actions to ensure that Public Rights of Way are kept in good order. Essex County Council undertakes to:
- put signposts where paths leave a road;
- waymark routes where they may be unclear;
- install and repair bridges over waterways;
- cut and clear vegetation on routes (except cross field paths where the landowner has a responsibility);
- repair surfaces;
- maintain drainage as appropriate;
- work with landowners who must reinstate their cross field paths and keep them clear of crops;
- work with landowners who maintain approved stiles and gates to safe standards;
- take enforcement action against landowners/ occupiers/ developers who fail to carry out their obligations in respect of Public Rights of Way.
Enforcement Action
Full details of how Essex County Council commits to maintain and protect the Public Rights of Way network is contained within the
Public Rights of Way Concordat. Essex County Council takes its responsibility to the public with regards to public rights of way very seriously, and seeks to take action against wilful and persistent obstructions of public rights of way.
Public Path Diversion Orders
Landowners, tenants, developers and occupiers who are considering making an application to divert a public right of way should read the
Public Path Diversion Orders page.
Temporary Changes to Public Rights of Way
For further information about making a temporary modification to a public right of way, please contact the Public Right of Way team.
Removing a Public Right of Way
The process of removing a public right of way can differ greatly on a case-by-case basis. For further information about removing a public right of way, please contact the Public Right of Way team.
Advice Notes for Developers
Disregarding public rights of way during the planning application process can result in serious problems at both the development stage and post-completion. Resolution can be costly for both the highway authority and the developers, and may result in enforcement action.
In order to clarify the issues, the
Development and Public Rights of Way advice note has been prepared to address the issues and clarify the protocol for development management and public rights of way procedure for all interested parties. The Advice Note has the full endorsement of the Essex Planning Officers Association, and is underpinned by Defra Circular 01/09 ‘Rights of Way’, which reinforces the need for planning authorities to take into account public rights of way when considering a planning application.
There is also a
template for the statutory notice which must be posted on site with the planning application to advertise the existence of a Public Right of Way which crossed land falling within the planning application boundary.