Public rights of way and definitive maps

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in existence until legally closed, diverted or extinguished. See Practice Note: Public rights of way.

It is a criminal offence to obstruct a PROW. See Practice Note: Local authority powers to manage highway obstructions—criminal offences.

Early identification of PROW can help to avoid potential delays to development or difficulties in selling properties. Local authorities are under a legal duty to keep all PROW available to the public and can take enforcement action and instigate prosecutions to ensure that PROW remain open.

Types of PROW

The common types of PROW are:

  1. footpath—for use on foot and mobility vehicles (eg pushchairs and wheelchairs) only

  2. bridleway—for use on foot, horse and cycle

  3. byway open to all traffic (BOAT)—for use on foot, horse, cycle, motorised and non-motorised vehicles

  4. restricted byway—for use on foot, horse, cycle and for vehicles other than mechanically propelled vehicles

Public rights of access

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Local Government weekly highlights—12 June 2025

This week's edition of Local Government weekly highlights includes analysis of the proposed reforms and implications under the technical consultation to modernise planning committees plus case analysis of For Women Scotland v Scottish Ministers, which held that Equality Act 2010 provisions refer to biological sex regardless of their gender recognition certificate; Re Transport Action Network Ltd v SST, in which the High Court clarified the scope and procedure for the Secretary of State’s review of National Policy Statements; and R (Shaman) v Lambeth LBC, which provided guidance on temporary permitted development rights. Case reports include Cotham School v Bristol CC, in which the court ruled on an order brought by a school academy to amend Bristol City Council’s commons register for playing field; R (Captain Lee Jones) v Shropshire Council concerning a judicial review of the LA’s decision to issue and serve a Community Infrastructure Levy stop notice requiring cessation of building works due to unpaid CIL; Leveritt v Hackney LBC, in which the court considered an application by a LA for an extension of time and variation of order for specified repair works made by the County Court; R (BC) v Surrey CC, in which the court allowed the LA’s appeal finding that BC was not a looked after child and therefore did not qualify for advice and assistance under section 24 of the Children Act 1989; and Rogers v Wills, which considered unjust enrichment by care giving services filed by the claimant against the executor of their late mother’s estate. It also includes coverage of the repeal of the Vagrancy Act 1824 by Spring 2026 to decriminalise rough sleeping in England and Wales, DHSC’s consultation response on regulations tackling modern slavery in NHS procurement, the first AI guidance for schools and MHCLG’s consultation response on remote attendance and proxy voting at local authority meetings. It also includes further updates on Planning, Social housing, Healthcare, Education, Environmental law and climate change and Local government finance.

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