Changing rights of way
The network of public rights of way reflects a historical pattern of use. The demands made on our rights of way are different today than when many of our public paths took shape and in some places that network has become inappropriate to modern needs.
Public paths, ie. footpaths, bridleways, byways etc., are all types of public highway and as such they can only be changed by means of legal Orders. This work is managed by the Definitive Map Team at the Grassington offices of the National Park Authority.
The Authority has the job of bringing the Definitive Map up to date and of making the appropriate Orders to change the network of paths on the ground. Errors or omissions can be corrected by Definitive Map Modification Orders, provided there is sufficient evidence to support the change. The Definitive Maps and Statements are currently being reviewed to make sure they are as accurate as they can be.
In some cases a path may become a right of way without any formal dedication taking place. If it can be shown that the public have used a particular route for over 20 years without objection from the landowner, the route has the potential to become a public right of way.
The Highways Act 1980 makes provision for diversion, creation and closure of rights of way. A path may be diverted in the interests of the landowner, e.g. to enable better management of land, or in the interests of the public, e.g. to provide a more scenic or convenient route. Where there is a public need for an extra path, a new route may be created. Only in cases where there is no longer a need for a path, eg. where an alternative is to be created or one exists already, can a route be closed. Under the Town and Country Planning Act 1990 a footpath or bridleway may be diverted or closed (with an alternative provided) to enable development to take place.
Any landowner is entitled to apply to change the route of a public right of way ( there may be charges involved ) or to prevent the public establishing rights of way.
It is also possible for a landowner to enter into an Agreement with the Authority to dedicate a path as public where there would be a public benefit in doing so. This should not normally involve the landowner in any expense.
Help or advice on any of these matters may be obtained from the Authority's Definitive Map Team.
Contact details
Definitive Map Team
Yorkshire Dales National Park Authority
Colvend
Grassington
Skipton
North Yorkshire
BD23 5LB
0870 1 666333
