- Definition
- Definitive Map
- Maintenance
- Development & ProW
- Landowner Deposits / protection
- Highway Fees and charges
- Section 31 (6) Register
1. Definition
A Public Right of Way (PRoW) is a way over which the public have a right to pass and repass. Rights of Way can be found in towns, villages and the countryside. Some paths may be surfaced although most are tracks across countryside owned by landowners. Rights of Way are classified according to the nature of the rights that the public has along them and so can be classified as a Footpath, a Bridleway, a Byway or a Restricted Byway. There are approximately 53km of Rights of Way across Knowsley Council.
2. Definitive Map and Statement
The Definitive Map and Statement is the Council’s legal record of Public Rights of Way in Knowsley. The Definitive Map and Statement do not reflect changes made to the Public Rights of Way network and there may be some that are not shown on the map. Changes to the Definitive Map and Statement can only be made by a legal order, which allows for public participation on the proposed change. You can view the Definitive Map and Statement at the Huyton Council offices (address below). Also available is an electronic map of the working copy of the Definitive Map here.
3. Maintenance
The landowner is responsible for keeping the Right of Way free from obstruction and for looking after gates and stiles on the route, whilst Tarmac, acting on behalf of Knowsley MBC as the Highway Authority, is responsible for keeping them in good condition; clearing surface vegetation, authorising stiles, gates, signposting and way marking. Tarmac can be contacted on the following number and email address:- Tel: 0800 023-2334 and E-mail:Knowsley.highways@tarmac.com
4. Development and Public Rights of Way
All Public Rights of Way are highways and have the same status in law as public roads. To obstruct a PRoW is an offence and therefore it is important to identify PRoW at an early stage of any development in order to avoid potential delays or difficulties in selling properties once complete. The government website here offers guidance notes on this issue.
5. Land protection / Landowners Deposits
New Rights Of Way can be created through 20 years of unchallenged public use of paths. However Section 31(6) of the Highways Act 1980, allows landowners to show that they accept the Public Rights Of Way already recorded over their land, but, do not intend to dedicate any new ones by depositing a Statement and plan with the Council. Within 20 years a landowner may deposit a Highway Declaration to confirm that no new Rights of Way have been dedicated since the date of the deposit of the map and Statement. Any public use of the land during this period will not count towards the establishment of a new Public Right Of Way. These Landowner Deposits are available for public inspection.
Section 15A of the Commons Act 2006 now allows landowners to protect themselves against claims for village green rights over their land, in a similar way. The deposits under these two sections have been combined into Application Form CA16, and landowners can use all or only part of the form, depending on what rights they wish to claim. The forms need to be renewed every 20 years.
The application Form CA16, including Guidance notes, can be found on the following government website here.
6. Fees
There is a charge for registering the Landowner Deposits to cover the Council’s costs of logging the application, making it available on our website and register, placing notices on site and sending notifications, in line with the regulations. For details, please see the Council’s webpage here.
7. Register - Section 31(6) Highways Act 1980
The Council is required to keep a public register of highway statements and highway declarations that have been deposited under Section 31(6) of the 1980 Highways Act. These statements and declarations enable landowners to formally acknowledge public rights of way across their land and, in doing so, create a presumption that they have no intention to dedicate any further routes across their land.
The Register contains deposits received since 1 October 2013. Each deposit can be viewed below, or the paper copy can be viewed, by appointment at the following address: Huyton One Stop Shop, Municipal Building, Archway Road, Huyton L36 9YU (Monday to Friday, 9.30 – 16.00). Enquiries by email should be addressed to: Highway.Consultations@knowsley.gov.uk