Rights of way - information and advice

St.Helens Council, as Highway Authority for the area, aims to work with local communities, users, landowning and farming interests to ensure the borough's public rights of way network is properly maintained, recorded on the definitive map and promoted. The aim is to facilitate the use and enjoyment of the entire network by all sections of the population. Currently there is in excess of 100 miles (160 km) of legally recorded public rights of way in the borough of St.Helens, for which St.Helens Council is responsible.

By law all members of the public have a right of passage along public rights of way, all of which are classified according to the nature of the public's rights along them. There are four categories of public right of way that appear on the definitive map and statement:

Footpath: The public right of way is on foot only. Public footpaths are often waymarked with yellow arrows.

Bridleway: The public right of way is for pedestrians, horse riders and cyclists. Anyone cycling must give way to people on foot and on horseback. Public bridleways are often waymarked with blue arrows.

Restricted Byway: This definition replaced the former RUPP (Road Used as Public Path) category following commmencement of the Natural Environment and Rural Communities (NERC) Act 2006. This public right of way is for all types of traffic except motorised vehicles. Restricted byways are often waymarked with purple arrows.

Byway: Being a carriageway, the public right of way is on foot, on horseback and for vehicular traffic, but which is used mainly for the purposes for which footpaths and bridleways are used (for example walkers and horse riders). Byways are often waymarked with red arrows.

Various case law has over the years defined 'usual accompaniments'. There is no exhaustive list of usual accompaniments, and whether a particular item comes within this term is a matter for the court to decide. On footpaths prams and pushchairs have long been deemed to be usual accompaniments, but it is submitted that bicycles on footpaths are not usual accompaniments and therefore trespass is committed even if someone pushes or walks with a bicycle along a footpath.

The Council's Definitive Map and Statement currently has a relevant date of 1st May 2007, meaning that the information contained on the map and statement is correct only on this date. There have been temporary and permanent changes to the public rights of way network since May 2007. Changes of a temporary nature generally last 6 months at a time and are not recorded on the definitive map and statement. 

The permanent changes to the network since May 2007 consist of relatively minor diversions, confirmed under Section 116 of the Highways Act 1980 for the following public footpaths:

• 11/03/2008 Section of Public Footpath No. 874, Moss House Farm, Rainford.
• 09/09/2008 Section of Public Footpaths No's 652 & 657, Kilbuck Lane, Old Boston.
• 20/01/2009 Section of Public Footpath No. 831, Fireclay Farm, Rainford.
• 27/10/2009 Section of Public Footpath No. 614, Earlestown Railway Station.

Due to the legislation governing the Definitive Map, permanent changes cannot automatically be recorded unless there is a seperate 'Legal Event Order'. Due to this extra administrative process, Legal Event Orders are generally made when there are a number of confirmed Orders to process.

However, confirmed Orders are reported to the Ordnance Survey as soon as possible. It is then upto Ordnance Survey to include this information in their next scheduled revision.

To help matters, the Council has now created a 'working copy' of the Definitive Map and Statement which is available to view on-line. This is not the legal record, but takes the information from the legal Definitive Map and Statement and includes with this the permanent changes listed above. Please follow the link: Definitive Map Working Copy

For any other information regarding the temporary and permanent changes to the public rights of way network please contact the Council's Public Rights of Way Officer (details below).

In addition to public rights of way, other non-recorded private rights of access may exist along the same route, or exist in isolation along completely separate routes. A common example is a farm access road carrying private vehicular rights to the farm along a recorded public footpath. Private rights must not be exercised in such a way as to interfere with the rights of the public. The Council does not hold records of private rights of access, way leaves or easements. Usually private rights are mentioned in the deeds of all properties concerned. As different rules apply for private rights, in the event of a dispute it is recommended that independent legal advice be sought from a solicitor or land agent. The Council does not get involved in such matters unless the rights of the public are affected.

Dogs have been taken on highways since time immemorial, and it seems likely that, if ever challenged in the courts, they would be considered a 'usual accompaniment' and hence permissible on footpaths. There is no law specifying that they must be kept on a lead, but local authorities can make an order under section 27 of the Road Traffic Act 1988 to introduce this as a requirement on designated highways. Additionally, the dog must be allowed to walk only along the line of the path. An act of trespass may be committed against the land holder if it wanders too far away from the official route.

Horses A footpath is defined as a highway 'over which the public has a right of way on foot only', hence horse-riders are restricted to the use of bridleways and byways. It is not actually an offence for a horse to be ridden along a footpath, rather it constitutes an act of trespass against the holder of the land. So, if the horse-rider has permission then there is no trepass, if not, the holder is entitled to order the rider off the land and can also sue for damages. 

Further information regarding Merseyside Rights of Way Improvement Plan and associated leaflets covering various aspects of the local public rights of way network can be found on the dedicated Merseytravel Rights of Way website

St Helens Council Public Rights of Way Officer:

Address: Wesley House, Corporation Street, St Helens, WA10 1HF.

Phone number: 01744 456652

Email: jameswiddop@sthelens.gov.uk