Frequently asked questions

Are all paths public rights of way?

No. There are many paths that the public can use but that are not legally public rights of way. They do not enjoy the same protection in law. 

Paths crossing public parks and open spaces, commons and other sites that the public has access to may not necessarily be public rights of way.

Permissive paths are open to the public because the landowner has given permission for them to be used. Often the landowner places a notice on the path making clear they have no intention of dedicating the path as a public right of way. They reserve the right to withdraw the permission at any time. These paths are sometimes closed for one day each year, with a view to preventing applications to claim them as public rights of way.

Off-road multi-user routes, such as those created as part of the Sustrans National Cycle Network, are available for public use but may not be public rights of way.

The Countryside and Rights of Way Act 2000 provides legal protection for public access to some areas of open countryside and common land in addition to the existing provisions for public rights of way. A map of this land can be found on the Natural England website [external link]

What types of public right of way are there?

The most common types of public right of way in the Borough are Public Footpaths and Public Bridleways.

Who owns a public right of way?

Most of the land that public rights of way run across is owned by private landowners. However, in the majority of cases, the Council has the responsibility for maintaining the surface of a recorded public right of way within the Borough. The surface is regarded as a depth of two spits (about 18 inches). Much of the soil below and the air above as is necessary for the control, protection and maintenance of the highway.

Who looks after and manages public rights of way?

The Council is responsible for the protection, maintenance and signposting of Darlington's 356 public footpaths, public bridleways and restricted byways. As the highway authority, the Council has a duty to erect signposts where a public right of way meets a metalled (tarmacked) road. It also has the power and the duty to sign public rights of way to help users who are unfamiliar with the route. 

Public rights of way pass over land owned by private individuals and in some cases, companies. These are our landowners and their support and goodwill are essential in maintaining the public rights of way network to a good standard.

Parish councils have important rights and powers with regard to public rights of way and can have a crucial role to play in looking after their local network of paths.

There are a number of associations who help the Council by monitoring the condition of public rights of way and informing the Public Rights of Way Officer about any problems.

What is a permissive path?

A permissive path (sometimes called a ‘concessionary path’) is one which the landowner allows the public to use, with the intention that it does not become a public right of way. Often the landowner places a notice on the path making clear they have no intention of dedicating the path as a public right of way. They reserve the right to withdraw the permission at any time. These paths are sometimes closed for one day each year, with a view to preventing applications to claim them as public rights of way.

What is open access?

The Countryside and Rights of Way Act 2000 provides a right of access on foot to mapped areas of uncultivated open countryside. Open countryside is defined as mountain, moor, heath, down, registered common land or land which has been voluntarily dedicated for access by the landowner.

Open access is often referred to as "the right to roam". You can walk, run or jog on open access land, but you cannot ride a horse, a bike or walk a dog (unless you are on a public right of way which passes through open access land).

South Burdon Community Woodland (east Darlington) is currently the only area of Darlington with open access.

A map of open access land in England can be found on the Natural England website [external link]

Can I wander off a public right of way?

No, the legal right to pass and re-pass relates solely to the line of the public right of way. Landowners can ask you to leave land to which you have no right of access. However, you may take a short route around an illegal obstruction to get past it.

Can I ride a horse, or a bike on a public footpath?

No, not without the prior consent of the landowner, otherwise you would be committing trespass.

Can I take a pram, pushchair or wheelchair on a public right of way?

Yes, as they are considered a 'usual accompaniment' to a person on foot.

Is it illegal to drive cars or motorcycles on public rights of way?

Anyone who drives a motor vehicle on a public footpath or public bridleway without permission from the landowner is committing an offence. 

Races or speed trials on public rights of way are forbidden unless prior permission has been obtained from the Council and landowner. 

Who is responsible for cutting hedges growing alongside public rights of way?

The landowner, or occupier, is responsible for controlling side and overhead vegetation so it does not block or overhang public rights of way.

The Council, as the highway authority, has a duty to control surface vegetation, although this is distinct from crops.

Who is supposed to look after stiles and gates on a public right of way?

This is the landowner's responsibility, but in certain cases the highway authority must contribute a minimum of 25% of the cost if asked. It may contribute more if it wishes. If stiles and gates are not kept in proper repair the authority can, after 14 days' notice, carry out the work and send the invoice to the landowner.

Can a landowner put up new gates and stiles on a public right of way?

A gate, stile or other barrier can only be erected if:

• The definitive map and statement has recorded the presence of a structure on a public right of way - we can check this for you.
• OR the structure has been authorised by the Council using the powers of the Highways Act 1980, section 147. We can give you permission to erect a structure if you need it to control livestock. The law does not allow new structures to be erected on byways open to all traffic (BOATS) or restricted byways.

If a structure is erected without permission, it is an unlawful obstruction. The land manager is committing an offence and the Council can take action to have the structure removed if the land manager refuses or ignores requests.

Structures must be accessible - we will normally give permission for simple hand gates unless you can make the case for a more restrictive structure such as a kissing gate. We rarely give permission for new stiles for this reason.

The land manager is responsible for providing and looking after the structure. When there is an existing structure we may contribute 25% towards the costs of repair or replacement. 

There are times when we need to install a barrier for the safety of public users - this is justified through the Highways Act 1080, section 66.

Application form [PDF document]

Can I cut back vegetation from a public right of way, gate or stile?

A pair of pocket secateurs may be carried to cut back vegetation that hinders access along a path. No more than necessary should be done to allow you to make your way easily along the path. If anything more than this is done, for example you go out with the express intention of clearing a particular path, equipped with tools such as a saw, spade or pick-axe, this risks going beyond what is necessary to enable access.

Can I take a dog on a public right of way?

Yes. A dog is considered a 'usual accompaniment' of a person on foot. This is confined to the line of the path and only exists while the owner/keeper is with the dog. It is trespass if the dog is allowed to run off the defined line of the path, or if the owner/keeper stands at a gate and allows their dog to run free. 

Your dog must be kept under close control (this does not mean they have to be on a lead). It is an offence to allow a dog to chase/attack livestock, or be off a lead/not under close control in a field or enclosure where there are sheep. 

What is a definitive map?

The definitive map is one half of the legal record of public rights of way. The very first definitive maps were compiled from local knowledge (often provided by parish councils). 

Each path on the definitive map is numbered and specific to its parish.

Ordnance Survey (OS) maps detailed enough to show public rights of way are based upon information from the definitive map. The most useful OS maps for countryside recreation purposes are the 1:25,000 Explorer series, which show public rights of way with green dashed lines. The 1:50,000 Landranger maps show public rights of way with pink dashed lines.
 
Paper OS maps cannot show changes that have occurred after they have been published. The relevant highway authority should be able to supply up to date information on the public rights of way network in their area. 

How can a public right of way be added to the definitive map?

There are estimated to be many unrecorded public rights of way across the country. Recording a public rights of way adds it to the definitive map. There two main ways that this can be done:

Dedication: If the landowner owns the land over which the public right of way crosses, they can dedicate a public footpath or a public bridleway.

Definitive Map Modification Order: If the public have used a route for 20 or more years as of public right and without interruption or prevention, they may apply for a definitive map modification order (DMMO) under the Wildlife and Countryside Act 1981. Existing public rights of way can have their status changed, e.g. from public footpath to public bridleway, by submitting an application or recorded routes can be removed.

What is a definitive statement?

The other half of the legal record of a public right of way is the definitive statement. This is the written description of a recorded public right of way.

Can a public right of way be diverted?

Yes, public footpaths and public bridleways can be diverted under the Highway Act 1980 or the Town and Country Planning Act 1990, if there is a planning application pending. The alteration of a restricted byway must go before a Magistrates' Court.

Can a public right of way be extinguished?

Yes, it is possible to extinguish a public right of way under the Highways Act 1980, the Town & Country Planning Act 1990 or the Wildlife and Countryside Act 1981. However such applications can receive a lot of objection and are often not processed or confirmed as a result.

Can a landowner close or divert a public right of way?

Landowners cannot divert public rights of way on their own, but they can apply to the Council to do so. There are laws controlling what, where and how diversions may be made. Diverting any public path involves a lengthy legal process, for which we are obliged to charge a fee. The desired outcome cannot be guaranteed as processes usually involve public consultations which can result objections. Objections do not automatically result in a rejection but can play a part in it or result in the application being referred to the Planning Inspectorate. Please contact the Public Rights of Way Officer for an estimated cost or more information.

Public path order application form and guidance [PDF document]

Public right of way permanent closures

Under the most common procedure a highway authority can make an order to extinguish a path if it considers the path is no longer used by the public. A notice must be published in a local paper and also placed at both ends of the path. At least 28 days must be allowed for objections. These must be heard at a public inquiry taken by an inspector from the Planning Inspectorate, or by private hearing, or they may be considered in writing if the objectors agree.

Public right of way diversions

These may not take place if the new route will be substantially less convenient to the public than the existing one. Account must also be taken of the effect the diversion will have on public enjoyment of the path as a whole. The procedure is the same as for closure orders.

Paths may also be temporarily closed or diverted "to allow development to be carried out in accordance with planning permission". There are also provisions for highway authorities to apply to magistrates' courts for closure or diversion of paths, and for orders to be made in other circumstances such as the construction of new roads, railways and reservoirs, both on a permanent and temporary basis.

Notice of temporary restriction or closure orders must be given on site; however there is no specified procedure for objections.

Are livestock allowed in a field that is crossed by a public right of way?

Generally yes but there are laws regarding certain types of animal, most notably cattle.

The Wildlife and Countryside Act 1981 states that a dairy bull over 10 months old, or any other breed of bull over 10 months old that is not accompanied by cows or heifers cannot be kept in area that is crossed by a recorded public right of way. The recognised dairy breeds are Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

Under the Health and Safety at Work Act 1974 clear obligations are placed on employers and self-employed persons not to put at risk the health and safety of persons in their employment, including members of the public.

If there is any question about an animal's temperament, it should not be allowed in a field that is crossed by a public right of way. Keepers of known dangerous animals in a field that is crossed by a recorded public right of way could be at risk of liability for damages and/or prosecution relating to personal injury. 

If you are concerned about the presence and/or behaviour of an animal(s) in a field crossed by a public right of way you should contact the Council as soon as possible.

What if a public right of way is ploughed up or cropped over?

What is a misleading notice?

This is a notice or sign by a public right of way with false, inaccurate or misleading information that could deter a member of the public from using the path (for example, a sign saying ‘Private’ or ‘Bull in field’). Such notices should be reported immediately to the Council. They are illegal on paths shown on the definitive map.