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Bournemouth Borough Council became a unitary authority in 1997 and at that time we took over the responsibility of Rights of Way from the County Council. Although the majority of Rights of Way within the Borough are shortcuts from one road to another, we do have a number of rural Rights of Way which form routes such as parts of the Stour Valley Way among others.
Bournemouth’s varied landscape is well worth exploring and some 37 km of public Rights of Way provide public access to attractions and countryside alike.
Bournemouth currently has 338 Rights of Way recorded on the Definitive Map.
These break down to 317 Footpaths measuring 32.752 km, 10 Bridleways at 2.005 km and 13 Byways Open to All Traffic (BOAT) equating to 3.192 km.
This page introduces Bournemouth’s rights of way, where to find them, what your rights are and what responsibilities we, as the Highway Authority, have to maintain this commodity.
Public Rights of Way Registers
The Countryside and Rights of Way Act 2000 requires the Council keeps and maintains 3 registers for public inspection and on the Council website.
- s31 (Highways Act 1980) Register of maps, statements and declarations made by landowners under s.31(6) of the Highways Act 1980 in relation to rights of way on their land (including that there is no intention to dedicate rights of way other than those admitted)– no current deposits or declarations
- s53B (Wildlife and Countryside Act 1981) Register of applications to make changes to the definitive map and/or statement including to add paths (Wildlife and Countryside Act 1981) – no current full applications
When implemented Section 121B of the 1980 Act would require authorities to set up a register of applications by owners, lessees or occupiers of any land used for agriculture, forestry or the breeding or keeping of horses for public path extinguishment and diversion orders or by proprietors of schools for special extinguishment or diversion orders. The regulations relating to this register would be incorporated into the ‘right to apply’ legislative package, which is yet to be implemented.
Information on the location, copies of any map and statement, description will be included once any applications or deposits are made.
Public Rights of Way are public highways and are recorded on the Definitive Map and Statement (a legal record of Public Rights of Way). These can be inspected at the Town Hall Annexe, St Stephen’s Road, Bournemouth, BH2 6EA. (for contact details please see below)
Find out about your legal rights below.
Public Rights of Way are public highways and are recorded on a Definitive Map and Statement, which is a legal record of these Rights of Way. If a Way is shown on the map, it is conclusive evidence of public rights along the Way and can only be altered by a confirmed legal event, such as a diversion Order. However, the omission of a PROW from the Definitive Map is not evidence that no right of way exists. Maps can be amended if evidence of missing Rights of Way is discovered, or to correct errors in previously recorded information.
Bournemouth Borough Council has a responsibility to keep this map up-to-date and the map can be inspected at the Town Hall Annexe, St Stephen’s Road, Bournemouth, BH2 6EA.
Footpath: A public right of way on foot only.
Bridleway: A public right of way on foot, on horseback or on a pedal cycle. Although motor vehicles are excluded from footpaths and bridleways, there may be additional landowner or other private rights of access for vehicles.
Byway Open to All Traffic (BOAT): A public right of way for vehicles and all other kinds of traffic, but which, because of its nature, is used mainly as a footpath or bridleway.
Permissive Routes: These routes are when a landowner has given special permission for the public to walk across his land. The Council does not maintain these paths and they are not recorded on the Definitive Map. The landowner may withdraw his permission at any time.
Other definitions: There are no recorded Roads used as Public Paths (RUPPS) in the Borough.
Some examples of the many legal rights and responsibilities of the general public are listed below:
Users may: • pass and re-pass on a Public Right of Way;
• stop to look at the view, take a photograph, sit down to rest and so on;
• take a pram, pushchair, wheelchair, but expect to encounter stiles on footpaths;
• take a dog, but always under close control;
• remove an illegal obstacle sufficiently to get past.
Users may not: • Roam over land at will, deviating from the line of the Right of Way unless it is to pass an obstruction;
• Use a vehicle on a Byway if it is not registered, taxed and insured, or to drive recklessly, carelessly or without due consideration of others;
• Use a Right of Way for any purpose other than as a right of passage;
• Cause any unnecessary damage;
Your rights: • Lack of use has no effect on the legal existence of a Right of Way;
• You must leave land to which you have no legal right of access if asked to do so by the owner or his representative;
• A Footpath should be wide enough for two walkers to pass in comfort. A Bridleway should allow two horses to pass each other comfortably.
• Cyclists and horseriders must not use footpaths;
• Cyclists must give way to riders and walkers on bridleways;
• When walking or riding in groups, please travel in single file where necessary and do not spread out beyond the width of the path.
The Council is responsible for: • Recording, defining and protecting all public Rights of Way in the borough. The Definitive Map and Statement is a legal document which records the line and status of routes. It is conclusive proof that a public right of way exists, and safeguards it even when it is not apparent on the ground. The Definitive Map and Statement is constantly under review to reflect changes in the network, such as path diversions or new Rights of Way which have been added. Applications can be made to the Council to add, delete or revise the status of a public Right of Way if there is clear evidence for such a change;
• Signposting footpaths, bridleways and byways, where they leave a metalled road and waymarking along the paths where appropriate;
• Maintaining and controlling vegetation on the surface of a Right of Way and overhanging any Right of Way;
• Making grants to landowners for the cost of maintaining any existing authorised stiles and gates;
• Manage the law concerning Rights of Way, which involves investigating complaints and taking appropriate action. This may lead to enforcement or legal action to ensure public access.
For questions and enquiries about the Definitive Map and Statement, or searches and claims for amendments and additions, please contact the Public Rights of Way Team:
Public Rights of Way Team - Planning & Transport
Bournemouth Borough Council
Town Hall Annexe
St Stephen’s Road
Bournemouth
BH2 6EA
Telephone: 01202 451161 (during office hours)
Email: highways
Fax: 01202 451008
If you find a problem on any public right of way in Bournemouth, please let us know by contacting the Rights of Way team by emailing us on highways or phoning 01202 451161. To ensure prompt action it would help if you could advise us where the route starts and finishes, with a clear description of the problem.
If you would rather post your complaint please address it to:
Public Rights of Way Team - Planning & Transport, Bournemouth Borough Council, Town Hall Annexe, St Stephen’s Road, Bournemouth. BH2 6EA.
What is the Local Access Forum?
The Countryside and Rights of Way Act 2000 requires Local Access Forums to be set up to provide independent guidance on access, and contribute towards the improvement of opportunities to enjoy countryside and coast.
Help build a future for Dorset’s countryside
People who enjoy the Dorset countryside are being asked to help others enjoy it by becoming a volunteer with the Dorset Local Access Forum (DLAF) and signing up this summer.
Local Access Forums provide independent advice to organisations such as councils, Defra and Natural England on how to make the countryside more accessible and enjoyable for everyone. They are made up of representatives including the general public, landowners, and those with particular interests, such as conservation, tourism and business.
Since the DLAF was established in 2002, it has made a significant difference to access and recreation across the county and focuses on a wide range of issues including play and outdoor recreation, sustainable transport, health, tourism, disability, equality and diversity, development and land management.
As the appointing authority for the DLAF the county council is inviting new members to come forward between now and 24 July 2009.
Hilary Cox, Cabinet Member for Environment said: "We are very lucky in Dorset to be surrounded by beautiful countryside however many people aren’t able to enjoy it as much as they would like whether it be for reasons such as pathways which need improving or to be more appropriately located. Becoming a volunteer with the DLAF and having a say will mean that you can make a real difference and help build an open and accessible future for Dorset’s countryside."
Those interested in volunteering their time should visit www.dorsetforyou.com/laf for an application pack or contact David Northover, DLAF Secretary, Democratic Services, Dorset County Council, County Hall, Colliton Park, Dorchester, Dorset, DT1 1XJ. Tel 01305 224175 or email d.r.northover@dorsetcc.gov.uk. Please note that CVs are not accepted as we require the same range of information from all our candidates.
Contact Tara Hansford on 01305 221779 if you have any questions about the DLAF.
The Countryside Agency is preparing maps of all open country and registered common land in England. This is a statutory duty under the Countryside and Rights of Way Act 2000.
The Process
The production of draft maps for the whole of England, on a rolling programme. To make this easier they have divided the country Into eight mapping areas:
- Hold public consultations on all the draft maps. During each three-month consultation any member of the public can submit a comment on the draft map.
- Having considered all comments we will issue a provisional map for an area. Those with a legal interest in a parcel of land (such as land owners, tenants and those with sporting rights) will be able to appeal to the Secretary of State.
- When provisional maps have been amended a conclusive map will be issued.
- Finally, when all conclusive maps have been produced the Secretary of State may bring the new access rights into force. We expect this to be in 2005.
For further information visit the Countryside Agency’s Website
Local Impact. In area 3, which includes Bournemouth, the consultation process has now lapsed and we are awaiting the appeals process where those with a legal interest in a parcel of land (such as land owners, tenants and those with sporting rights) will be able to appeal to the Secretary of State.
Getting the Map and Statement Changed
Rights may exist over a way not shown on the definitive map;
or, additional rights may exist over a way shown on the map even though they are not recorded on it;
or, rights may have been recorded in error.
There are procedures by which allegations that the definitive map does not record the correct information can be considered. They allow a local authority to make a definitive map modification order to amend the rights recorded on the map and statement.
Do you know of any routes that have been used by the public for a period in excess of 20 years? You could apply* for a definitive map modification order to append these routes to the definitive map and statement, should you be confident that there is evidence to support the use of the way.
*Please see here for a downloadable (adobe acrobat pdf format) Application Form to apply for a Definitive Map Modification.
- L01- Wimborne Road to Midland Road. The definitive statement identifies the route between Wimborne Road (adjacent to 611) and Midland Road (adjacent to 20). However the definitive map shows the route on a different line. There is a physical route available on the line of the statement and as such the definitive map modification order will modify the definitive rights of way map to show this.The Council has now confirmed the order and will signpost the route.
- Weymans Avenue to Pelhams P.O.S. The Council has made an order to extinguish the footpath E53 from Weymans Avenue to Pelhams Public Open Space under section 118 of the Highways Act 1980. We have received objections to the order on the grounds that the path is needed for public use. As a result, the application will be forwarded to the Planning Inspectorate for determination.
Best Value Performance Indicators
Best Value Indicators are measures of performance set by central government departments. They are called Best Value Performance Indicators or BVPIs as they have only been set since the duty of best value on local authorities came into effect under the Local Government Act 1999. (Prior to Best Value, the Audit Commission set similar measures of performance.)
BVPIs require local authorities to seek to achieve continuous improvement in the quality and cost-effectiveness of the services they provide. They have to be closely monitored to ensure that the required performance standards are achieved.
Bournemouth’s BVPI’s are currently 97% of the percentage of total lengths of footpaths and other Rights of Way which were easy to use by members of the public
Rights of Way Improvement Plan
The Borough of Poole and Bournemouth Borough Council adopted the Poole and Bournemouth Rights of Way Improvement Plan (ROWIP) 2008-2011 in October 2008. The Rights of Way Improvement plan (ROWIP) runs to 2011 to integrate into the next Local Transport Plan or similar transport planning process for South East Dorset.
It is a statutory duty to have a ROWIP with an action list and costs. The plan must summarise current footpath, bridleway, restricted byway, byways and off road cycle routes and how they meet modern needs and what needs to be done to meet modern needs more fully. The Council undertook public consultation on the draft plan, incorporated surveys and stakeholders comments and was guided by the Dorset Local Access Forum. The Council will work towards identified actions, review progress each year and prepare a plan for 2011.
Hard copies are available in Bournemouth Central Library, download from this page or on request.
(Bournemouth Council is not responsible for the content or reliability of external websites)
Neighbouring Authorities:
User Groups:
Organisations:
Note: If you would like your organisation appended to this list, please countact us on the phone numbers or e-mail below.
Have you any ideas to help us improve on this web page?
If you have any views on the ease of use of this web page or any further information you consider should be posted here please feel free to contact us:
- by e-mail at: highways
- fax on 01202 451008, or
- telephone 01202 451161 during office hours.
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