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Public rights of way

If your complaint is a Public Rights of Way issue, then please use the form below to report your complaint / enquiry.

The following has no legal status, and is merely intended as a guide.

Rights of way are classified according to the nature of the public's rights along them. There are four categories of Public Right Of Way:

Where are they?

Public Rights of Way are shown on Ordnance Survey maps and some mapping websites. You can also use our mapping portal. This will also allow you to find extra information such as right of way number and code. 

To find details for footpaths using our mapping portal, click "change map information", then "Environment" and tick "rights of way". Click on the "i" button under the map to turn the cursor into a "+" and then click on a footpath, the footpath details will appear in the box to the left of the map.

The Definitive Map

The Definitive Map is actually many separate maps that show the routes of individual public footpaths, bridleways, 'RUPPs' and byways recorded in the area. These maps, together with the Definitive Statements for each route, are the legal record of the public's rights along them. The Definitive Statement for each right of way describes the route and any restrictions on its use.

The appearance of a path on the Definitive Map is conclusive proof of its existence in law. However the reverse is not true. The fact that a right of way is not recorded on the Map, along a particular route, is not evidence that there is no right of way along that route. Similarly, higher rights, such as bridle rights, may exist along a route shown only as a public footpath.

Derbyshire County Council is legally obliged to protect and assert your rights to use the rights of way network and to update the Definitive Map and Statement (the legal record of rights of way for the County). If you have any queries relating to the Definitive Map - contact Derbyshire County Council’s Rights of Way Team (Tel 01629 585845).

Not all footpaths are rights of way

There are many paths that the public is able to use but that are not legally rights of way and do not enjoy the same protection. Paths crossing public parks and open spaces, commons and other sites to which the public has formal or de facto access may not necessarily be rights of way, though some of them are.

Other paths, known as permissive routes, are open to the public because the owner has given permission for them to be used - often there is a notice on the path making clear the owner has no intention of dedicating the path as a right of way, and reserving the right to withdraw the permission. These paths are sometimes closed for one day a year, with a view to preventing claims that they are rights of way.

Towpaths, paths across land owned by organisations such as the Forestry Commission, Severn Trent Water and the National Trust that have a policy of providing access, together with 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 rights of way.

Ownership of rights of way

Derbyshire County Council, as the highway authority, owns the surface of all Public Rights Of Way - the landowner's interest only extends to the sub soil. It is an offence to interfere with the surface of a Public Right Of Way to the detriment of users and the County Council has a duty to protect the interests of users and the Public Right Of Way. Occupiers of land can disturb the surface of a right of way by special licence if they first apply to the County Council to do so and by statutory licence in respect of ploughing.

Is it a Public Rights Of Way matter?

The fact that a problem occurs on a Public Right Of Way does not necessarily mean that it is a rights of way issue. Litter or fly tipping, for example, should be reported in the normal way to the responsible organisation – typical problems include:

Is it a highways issue?

Derbyshire County Council, as the local highways authority, is responsible for the highways and adjacent pavements. Highways issues can include potholes or other defects on roads, pavements, footpaths and cycle -ways. Broadly, if a route has drains and street lighting then it is likely to be a highway, rather than a Public Right Of Way. Highways issues may involve:

To report a highways issue, contact Derbyshire County Council:

For street lighting (Tel 08456 058 058)
For all other roads and traffic issues (Tel 01629 580000 ext 7688)

Derbyshire County Council is also responsible for some aspects of Public Rights of Way maintenance:

In South Derbyshire, their specific responsibilities include:

If you have an enquiry about a promoted route, signing, bridges and structures, access for people with disabilities or a general enquiry about rights of way, contact Derbyshire County Council’s Rights of Way Team (Tel 01629 585845)

It is the responsibility of landowners to:

If you come across any problems relating to the following – please report them to South Derbyshire District Council's Footpaths Service (Tel 01283 59 5795):

Please note, these responsibilities relate only to designated Public Rights Of Way and not to other informal footpaths or permissive routes not shown on the Definitive Map.

Other Public Right of Way matters

page ref: LGSL 614f

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