Q&As

A highway authority has a duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare and publish a Rights of Way Improvement Plan. Under section 60(3) the plan must be reviewed not more than ten years after its publication. If a local authority does not review its plan after ten years what sanction or action would the local authority face?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 28/11/2017

The following Local Government Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A highway authority has a duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare and publish a Rights of Way Improvement Plan. Under section 60(3) the plan must be reviewed not more than ten years after its publication. If a local authority does not review its plan after ten years what sanction or action would the local authority face?

In answering this Q&A, we have considered the actions that may be faced by a local authority in the event it fails to review its rights of way improvement plan after ten years.

Pursuant to section 60(3) of the Countryside and Rights of Way Act 2000 (CRWA 2000), a highway authority that publishes a rights of way improvement plan shall, not more than ten years after first pushing it (and subsequently at intervals of not more than ten years):

  1. make a new assessment of the matters laid out in CRWA 2000, s 60(2) (for example the extent to which local rights of way meet the present and likely future needs of the public, accessibility, opportunities for enjoyment of the area)

  2. review the plan and decide whether to amend it

At the time of the review, the local highway authority shall either publish the amended plan or, if no amendment is deemed necessary, publish a report of th

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