Public Rights of Way and Public Access
Public Rights of Way/Highways
We frequently advise and represent landholders and home owners in relation to public rights of way and highways issues: in particular, making submissions to and liaising with local authorities, as well as at local public inquiries and in the courts. This is a particular specialism of partner James Pavey - click here to contact by e-mail.

Our work in this arena includes:
  • Opposing applications to modify the Definitive Map and Statement of public rights of way based on historical evidence and/or long use. Such applications are typically made by user groups such as the Ramblers’ Association.
  • Promoting schemes for extinguishment and diversion of public rights of way.
  • Advice and representation in relation to the implications of Part 6 Natural Environment and Rural Communities Act 2006 on byways open to all traffic.
  • Promoting Traffic Regulation Orders under the Road Traffic Regulation Act 1984.
  • Advice on liability of highways authorities for maintenance of highways and structures such as bridges.
We are currently instructed by landholders in Kent and Sussex to oppose the Ramblers’ Association’s flagship footpaths application.

Public Access
We advise on land management issues and in disputes relating to other types of public access:

  • Access to open country and common land under the Countryside and Rights of Way Act 2000.
  • Access to land in national parks under the National Parks and Access to Countryside Act 1949.
  • The implications of coastal access under Marine and Coastal Access Bill, which is likely to be enacted in the autumn of 2009.
  • Specific statutory regimes for public access, such as those relating to the New Forest, Ashdown Forest and Epping Forest.