Walking and Riding - Public Rights of Way
- What are public rights of way?
- How do I find out where I can go?
- Responsibilities of the council
- Responsibilities of land managers
- Rights and responsibilities of path users
- Are there other paths or ways open to the public?
- Definitive maps and statements
- Registers
- Making changes to the rights of way network
- Consultation and partnerships
- The future of rights of way
- Contacts
There are over 136 miles of public rights of way recorded in the borough of Warrington - 128 miles of footpath and seven miles of brindleways and restricted byways.
What are Public Rights of Way?
Public Rights of Way are highways that anybody can use as a thoroughfare at any time. There are four categories of Rights of Way:
1) Public footpaths
For walkers only. You may take a pram, pushchair or wheelchair if practicable or walk a dog under close control. They are often waymarked with a yellow arrow.
2) Public bridleways
For walkers, horseriders and cyclists. Cyclists must give way to walkers and horseriders. They are often waymarked with a blue arrow.
3) Restricted Byways
For walkers, horseriders, cyclists and other non-motorised vehicles.
4) Byways open to all traffic (BOATs)
These ways, often simply referred to as byways are for walkers, horseriders, cyclists and vehicles including motor vehicles. They are often waymarked with a red arrow.
How do I find out where I can go?
Public Rights of Way are recorded on the Definitive Rights of Way Map and in the accompanying Definitive Statement.
These documents are kept at The Department of Environment Services Directorate, Palmyra House, Palmyra Square North, Warrington, WA1 1JN and are available for the public to view during normal working hours.
Users of the rights of way network are advised to use the relevant Ordnance Survey map to aid route finding. "Explorer" maps sheets 275 and 276 cover the Warrington area and can be bought from good bookshops. The council's Rights of Way section can advise of any changes to the network since the publication of the OS map used.
The council's responsibilities
The council has a responsibility for:
- Signposting and waymarking footpaths, bridleways and byways.
- Updating the definitive map and statement of Public Rights of Way – which is the legal record of Public Rights of Way. (If you wish to apply for an order to change the record by adding, deleting or changing the status of a path contact the Rights of Way section)
- Maintaining the surface of most rights of way, to a standard appropriate for the purpose that they are used. Walkers should wear boots on rural paths and in poor weather conditions.
- Maintaining bridges over natural watercourses.
- Making grants to landowners of 25% of the cost of maintaining approved stiles and gates on Rights of Way.
- Administering the law concerning rights of way and in particular ensuring that the public can use them.
Responsibilities of land managers
The management of land, particularly farmland, can have a major affect on the public's ability to use Public Rights of Way. The Highways Act 1980 as amended by the Rights of Way Act 1990 safeguards the public's rights. Guidance notes are available for farmers.
Rights and responsibilities of path users
The right to use highways such as footpaths, bridleways and byways is a right to "pass and repass" at all times. This covers incidental activities such as taking a pram, pushchair or wheelchair if practicable; taking a dog under close control, admiring the views, bird watching etc.
Path users may make a small deviation to avoid an obstruction or remove an illegal obstruction sufficient to get past.
Please use the online form to report problems in the network.
The public should be aware that the countryside is a working landscape that other people rely on for their livelihood. In using the network please respect the rights of farmers and landowners as well as other users. Follow the Country Code.
Cyclists should follow the Cyclists Code.
Are there other paths or ways open to the public?
In addition to recorded Public Rights of Way there are numerous other paths, including rights of way and permissive paths, available to the public including in parks and open space, in built up areas, in New Town developments and on Woodland Trust sites.
View details of parks and open spaces.
Other recreational footpaths can be found here:
1) In the Lumb Brook Valley including "The Dingle" and "Fords Rough"
2) In Oughtrington, Lymm linking Oughtrington Lane to Spud Wood.
3) At Lumb Brook Road leading through Woodland Trust land to the cycle track linking Grappenhall Heys to Grappenhall Village.
Strategic routes in the vicinity of Warrington include:
- Trans Pennine Trail (TPT)
- Mersey Way
- Sankey Canal Trail
- Mersey Valley Timberland Trail
- Delamere Way
- Cheshire Ring Canal Walk (Bridgewater Canal towpath)
There are links to the Glaze Brook Timberland Trail from Rixton and Glazebrook, and Glazebury.
Publicity leaflets for the named routes can normally be obtained from the streets, parks and open spaces department on 01925 442495 or rangers@warrington.gov.uk.
Or contact Groundwork Merseyside on 01512 726 2740 or gwm@groundwork.org.uk.
Definitive maps and statements
Warrington Borough Council as surveying authority are required to produce a definitive map and statement showing the rights of way that exist in the borough.
The council has to keep the map and statement up to date in respect of any changes to rights of way that come about through public path orders to divert, extinguish or create paths.
Anyone may make an application to the council to modify the definitive map and statement to add, delete or change the recorded status of a path. The application should provide evidence to justify a change to the record.
Registers
All surveying authorities are required to keep electronic registers of all applications for definitive map modification orders (rights of way claims) under section 53 of the Wildlife and Countryside Act 1981 and also deposits of maps and statements and declarations made under section 31(6) of the Highways Act 1980 preventing dedication of new rights of way over land.
Making changes to the Rights of Way network
Warrington Borough Council has power to make orders to bring changes to the footpaths, bridleways and other rights of way in the borough. This includes creating new routes and diverting or extinguishing existing routes. These are known as public path orders.
Anyone can ask the council to make a public path order but the powers are discretionary.
New routes may be created either through an agreement between the council and the landowner or compulsorily by order. In considering the need for a new route the council must take into account how much the way would add to public enjoyment or the needs of local people and must consider the effect on the landowner's interest in the land.
Where an application is received for a public path order which is in the interests of the applicant, a fee of £2,000 is charged before any work is undertaken on the application. This will pay towards the order making process. Any excess payment will be refunded on confirmation of the order. If the order making costs more than £2,000 the extra cost will be billed.
An application form is available on request. Please contact the Rights of Way section.
Consultation and partnerships
The council holds a quarterly Public Rights of Way Forum for representatives of rights of way user groups, landowning/farming interest groups, parish councils and the borough council.
Rights of Way Forum minutes 
:
Warrington Borough is amalgamated with Merseyside and Halton in a local access forum area to form the Merseyside, Halton and Warrington local access forum. Meetings are held in public.
Cheshire and Warrington Local Access Forum
The council has a parish warden scheme whereby parishes appoint path wardens who report the condition of the path network from their own surveys. The resulting maintenance items are recorded in a database for prioritisation and action.
The future of Rights of Way
The existing rights of way network reflects historic patterns of travel. It does not cater for all modern day demands. Sections 60 – 61 of the Countryside and Rights of Way Act 2000, which commenced on 21 November 2002 require local highway authorities including Warrington Borough Council to develop proposals to improve and manage their networks to meet the needs of the public, looking at ways in which they can benefit health, transport, recreation, tourism and other local economic needs within the next five years.
The council will consider the adequacy of the network and will take a strategic view of it with an aim of providing better for the needs of users.
Contact
Public Rights of Way, Environment Services Directorate, Palmyra House, Palmyra Square North, Warrington, WA1 1JN.
Tel: 01925 443321
Email: jthorp@warrington.gov.uk
Last updated 25/01/2010 11:30:49
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