Public rights of way

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A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...
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Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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19th May
Practice notes
Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...
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19th May
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The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...
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19th May
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Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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19th May
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The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes
Role of material considerations in planning decisionsWhen considering an application for planning permission or permission in principle, section 70(2)...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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19th May
Practice notes
IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...
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19th May
Practice notes
Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...
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19th May
Practice notes
Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes
The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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19th May
Practice notes
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...
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19th May

Most recent Public rights of way content

Q&As
What is the view with regards to driving over a public right of way (tarmacked and wide enough for a motor vehicle) to obtain access to a property?A...
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6th Jun
Q&As
Is there any provision under section 38 of the Highways Act 1980 or elsewhere which requires a mortgagee to be party to a section 278 or section 38...
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Produced in partnership with James Ryan of Carbon Law 6th Jun
Q&As
Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?In answering this Q&A, we have considered whether...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 5th Jun
Q&As
Should temporary orders made under sections 257 and 261 of the Town and Country Planning Act 1990 for mineral working be added to the definitive map...
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5th Jun
Q&As
Are private rights extinguished when a road is dedicated and adopted as a highway?Co-existence of private rights of way and public highwayThe Highway...
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5th Jun
Q&As
Case Study: Easements by long use, public rights of way and public path orders.Case StudyA car park has a third floor walkway which connects over a...
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5th Jun
Q&As
Is there a right of entry to land for the purposes of making an order under section 3A of the Countryside and Rights of Way Act 2000?Section 40 of the...
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5th Jun
Q&As
Can a bridleway become a public highway? What is the statutory process that has to be followed when upgrading the highways?Highways can be created by...
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5th Jun
Q&As
Can vehicular (car or van) use be exercised over a public bridleway by the landowner and their visitors, contractors and other invitees or is use...
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Produced in partnership with Jo Hannah of Winckworth Sherwood 5th Jun
Q&As
Does an agreement under section 38 of the Highways Act 1980 have to be accompanied by a bond?In answering your query, we have considered whether...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 5th Jun
Q&As
Broadly, what is the process for applications under section 31(6) of the Highways Act 1980? Specifically, what level of protection is afforded and...
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5th Jun
Q&As
Who can apply for a public path extinguishment order under section 118 of the Highways Act 1980?While a public path extinguishment order under section...
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5th Jun
Q&As
Can sheep be moved from one field to another along a public footpath?A footpath is defined in section 66 of the Wildlife and Countryside Act 1981 (WCA...
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5th Jun
Q&As
A public footpath runs along a sea wall which forms part of a farm. Does the vesting of the footpath pursuant to section 263 of the Highways Act 1980...
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5th Jun
Q&As
Who is responsible for maintenance of a public rights of way (bridleway) added to the definitive map as a result of a modification order?What is the...
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5th Jun
Practice notes
Public rights of wayPublic rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection...
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5th Jun
Practice notes
Definitive map modification—procedureThe whole point of the Definitive Map and Statement ('Definitive Map') of public rights of way etc is that it is...
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5th Jun
Practice notes
Definitive map and modification ordersStatutory basis and effectEvery highway authority must keep a definitive map and statement (DMS) of the public...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 5th Jun

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