Public rights of way and new development: a guide for developers

At the earliest design stage, developers should:

• check whether any PRoW crosses or runs close to the site
• understand how the site layout and construction could affect these routes
• consider how impacts can be avoided or reduced
• look for opportunities to improve active travel and connect homes to the wider network
• prepare an outline PRoW management plan
• seek to retain existing views and the character of the route with no net loss of rural paths
• consider impacts of more people on the network

The Definitive Map and Statement is the official legal record of all PRoW in Dorset and must be checked during site design. The Definitive Map team can advise where routes are unclear or uncertain.

If a path exists on the ground but is not recorded on the Definitive Map, early contact with the team is essential. Failure to identify a PRoW can cause delays or create future problems for homeowners.

Diversions created under planning legislation cannot introduce new obstructions, such as gates.

Public Rights of Way (PRoW) are protected through national and local policy. Dorset Council’s decisions and advice draw on:

• the Rights of Way Improvement Plan
• the National Planning Policy Framework
• Rights of Way Circular 1/09
• Local Plan policies
• the Highways Act
• the Town and Country Planning Act
• cycle infrastructure design standards
• green infrastructure strategies

Developments that affect PRoW will normally include planning conditions to:

• ensure PRoW are properly incorporated into development schemes
• secure safe temporary routes during construction
• require appropriate path surfacing, access / egress and connectivity to create sustainable transport routes and access to nature
• ensure suitable long term maintenance with low-cost solutions
• secure contributions towards improvements to the wider PRoW network
• conform to DDA standards to improve access

Larger developments may increase use of the wider PRoW network. Where this happens, Dorset Council may require contributions through a Section 106 agreement. These may fund:

• improved surfacing
• accessible structures, such as gates and bridges
• signage or wayfinding
• benches
• lighting, where appropriate
• links to local facilities such as schools, shops, pubs, recreation grounds and other community infrastructure
• commuted sums for long‑term maintenance.

1. Site allocation: Planning documents may identify PRoW issues that need to be considered.
2. Masterplanning: All PRoW must be shown on plans and checked against the Definitive Map.
3. Pre‑application stage: Developers should agree early Heads of Terms with PRoW officers, including any diversion proposals.
4. Application submission: A draft PRoW management plan and any diversion applications must accompany the planning application.
5. Section 106 discussions: To secure on‑site and off‑site PRoW improvements.
6. Determination: Final PRoW plans and planning conditions are agreed.
7. Construction start: Diversion orders must be confirmed before work affects an existing route. Ongoing dialogue with PRoW officers is essential.

Do:

• apply for PRoW diversions early
• keep routes on their existing lines where possible
• retain the character of rural paths by routing through green spaces
• create direct, appealing links to local facilities and the wider network
• provide generous green corridors with planting and drainage features
• consider gradients, surfacing, accessibility and future maintenance
• install new accessible infrastructure
• involve PRoW officers throughout
• look at how to help improve the wider network around the development within a 2 mile radius - this will make the homes more appealing

Do not:

• build PRoW into estate roads or narrow paths between fences or walls
• create enclosed or unsafe‑feeling routes
• block, unofficially divert or ignore PRoW
• assume PRoW can be extinguished or diverted without a legal process

A good PRoW management plan should clearly show:

• current legal routes in and around the site
• any temporary diversion routes needed during construction
• whether existing routes will be retained, improved or diverted
• how safety will be maintained where a route remains open during construction
• how temporary routes will be signed, surfaced and managed
• landscaping proposals around PRoW
• details of new path construction and dedication as new PRoW, where relevant
• surfacing, width and maintenance standards
• timescales for any closures or diversion applications

Temporary closures

If a PRoW must be closed for construction, a suitable alternative route must be in place before works begin. Developers are responsible for:

• providing and maintaining the temporary route
• keeping it safe and usable
• reapplying for extensions before orders expire with a minimum of 12 weeks notice
• paying the required fees

Temporary closures are subject to public consultation before they are approved.

Diversion applications

Some developments require a permanent change to the legal line of a PRoW. This must be done through a formal diversion order. Developers must:

• work with the PRoW team and consultees, for example The Ramblers Association, to design appropriate new routes
• provide the necessary plans, responses and evidence
• understand that planning permission does not guarantee a diversion will be approved
• ensure the application is made and approved before the construction phase is completed

The diversion process is separate from planning and cannot be assumed.

Where PRoW remain open during construction, developers must:

• accurately survey and mark the legal line of the route
• maintain a safe and appropriate surface
• ensure clear signage and safe working practices
• keep routes free of obstruction at all times
• maintain a safe working distance from PRoW and prevent materials, liquids or spoil from interfering with, or causing risk to, people using the legal or diverted paths

Regular contact with PRoW officers is strongly recommended.

Public rights of way should, wherever possible, run through open space rather than along estate roads. Routes should be well overlooked, avoid sharp bends and provide a safe, welcoming environment for all users.

Minimum standards

Minimum standards for typical routes include:

• footpaths within estates: 2m wide, surfaced with dressed tarmac to adoptable Highways standards
• bridleways or cycleways within estates: 3m wide, surfaced with dressed tarmac to adoptable Highways standards
• edge‑of‑estate footpaths: 2m wide, compact stone surface - spec will be provided by the Senior Ranger
• edge‑of‑estate bridleways or cycleways: 3m wide, compact stone surface, set within green corridors - spec will be provided by the Senior Ranger
• rural paths: 2m wide, natural or grass surface
• rural bridleways or cycleways: 4m wide, natural or grass surface
• combined routes: minimum 4.5m wide
• mineral, waste, commercial or industrial sites: 2 to 3m wide, compacted or dressed surfaces, with good drainage and connections
• bridges and boardwalks need to be constructed to Dorset Council standards

Upgrading a footpath to allow cyclists or horse riders requires a separate legal process under the Cycle Tracks Act 1984.

The Countryside and Greenspace Service

Email: [email protected]

The Definitive Map Team

Email: [email protected]
Tel: 01305 224463