Register of Landowner Declarations Map Changes Open Access Public Rights of Way claimsA Public Right of Way is a Highway which may be used at all times by all members of the public. The main difference between Public Rights of Way and Highways (or roads) lies in the type of traffic entitled to use them (see below). A Right of Way is literally a right to use a fixed route and there is no implication of public ownership of the land it crosses.
There are some other types of access to land which are sometimes confused with Public Rights of Way. Just because a path is clear on the ground does not mean that it is a Public Right of Way with all of the legal rights and protection that would otherwise be implied. Use of some routes may be permitted by a landowner through, say, clear display of notices to that effect, and access may be legally withdrawn or restricted at any time.
Other routes, such as access to the rear of a line of houses, may be used by a number of people through a formal private right of access; however there will be no legal right for the general public to use it. Open Access ("Right to Roam") is not a general right over all land but is restricted to those areas identified by special shading on Ordnance Survey Maps and specific signs on the ground. In the Doncaster Borough the majority of Open Access Land is on Thorne Moors.
Right of Way is a generic term covering four different classifications as follows:
Public Footpath
May be used by members of the public on foot only. Wheelchair users and people with prams and pushchairs are fully entitled to use a Public Footpath, although the condition of the surface and access controls, such as stiles, may sometimes make exercise of that right somewhat difficult. Dogs may accompany someone using a Public Footpath but must be kept under close control and may need to be kept on a lead, especially where there is livestock in the vicinity. In most cases there will be a green sign marked Public Footpath at the start and end of the route and you may find yellow arrows on a green background waymarking the correct line at points where confirmation of the line is required. Public Footpaths are marked on the Ordnance Survey Explorer maps with short green dashes.
Public Footpaths should be at least 3 to 4 feet in width.
Public Bridleway
May be used by horseriders and pedal cyclists in addition to those categories of user permitted on a Public Footpath. Cyclists must give way to the other classes of user when passing. In most cases there will be a green sign marked Bridleway at the start and end of the route and you may find blue arrows on a yellow background waymarking the line. Public Bridleways are marked on the Ordnance Survey Explorer maps with long green dashes.
Public Bridleways should be at least 6 to 8 feet in width.
Restricted Byway
May be used by horsedrawn vehicles in addition to those categories of user permitted on a Public Bridleway. This is a recently introduced category and there is currently only one route designated as a Restricted Byway in the Borough.
Byway Open To All Traffic (BOAT)
May be used by mechanically propelled vehicles such as cars and motorbikes in addition to those categories of user permitted on a Restricted Byway. In most cases there will be a green sign marked Byway at the start and end of the route and any waymarks have red arrows on a yellow background. BOATs are marked on the Ordnance Survey Explorer maps with a series of green crosses.
Byways vary more widely in width than the other categories but will usually be at least 20 feet in width.
The user of a Right of Way has the right to pass across the land, in the course of which incidental activities such as resting or taking photographs may take place as long as the route is not obstructed. Carrying out other activities not associated with passage, such as camping or holding a meeting will constitute a trespass against the landowner.
Dogs may be taken on the route as an accompaniment but they must be kept under close control, usually meaning on a lead, and if the owner remains on the path but the dog strays then the owner is committing an act of trespass against the landowner.
The responsibilities of users are covered under the Countryside Code:
Be safe - plan ahead and follow any signs
Leave gates and property as you find them
Protect plants and animals and take your litter home
Keep dogs under close control.
Consider other people
For further details under each heading see the Natural England website
As the Highway Authority and the Surveying Authority for the Borough, Doncaster Council is obliged to:-
protect the public's rights to use and enjoy Rights of Way
ensure that the surface of Rights of Way are maintained to a state fit for the intended purpose.
clear the surface of Rights of Way of upgrowth that might impede use
clear vegetation from field edge paths
signpost the start and end of Rights of Way
waymark routes where the way forward is unclear
ensure that Rights of Way are free from obstructions
ensure that farmers reinstate the line of a Right of Way on the ground within 14 days of ploughing and keep the line of the route clear of encroaching crops
maintain bridges to a safe standard for the convenience of Rights of Way users
contribute towards the landowners' obligations to maintain stiles and gates for convenient use by the public
keep the legal record documents up to date and to make them available for public inspection
receive and process requests to divert Rights of Way where appropriate
The staff of the Public Rights of Way section also act as a point of contact for Rights of Way related enquiries from members of the public. Their contact details are given below.
Landowners and farmers have specific obligations in relation to Public Rights of Way to:-
ensure that field edge paths are never ploughed out
reinstate that the line of crossfield paths within 14 days of ploughing it out
remove growing crops from both the surface and sides of a route to ensure that the required width is free of obstruction
maintain authorised stiles and gates in a good condition
remove all overhanging vegetation
keep routes free from other types of obstruction, such as machinery, fences or piles of earth.
for further information please refer to A Guide for Farmers and Landowners
No.
This is an area of the law that causes a lot of confusion. The areas of land over which you have a right to roam have been specifically designated. In the borough of Doncaster the land over which there is a right to roam is restricted to Thorne Moors and some small spots of woodland. If you obtain a copy of the OS Explorer map sheet 280 the land affected (Thorne Moors) is highlighted with a yellow wash and a pink border (alternatively you can contact this office for more details). There is no farmland in the borough over which there is a right to roam - please respect the farmers' interests in this respect and only use any designated public rights of way.
On the land subject to the right to roam the right is limited to users on foot only - horseriders, cyclists and vehicle (including motorbike) drivers have no right to roam.
Public Rights of Way Section
Scarborough House
Chequer Road
Doncaster
DN1 2DB
Telephone: 01302 735047
Fax: 01302 735028
