The Planning Inspectorate has modernized its approach to public rights of way guidance. Primary advice notes have been archived and integrated into the comprehensive Rights of Way Guidance booklet, making procedural information more accessible and consistent.
This update reflects a commitment to enhancing clarity in public rights of way policies.
Modernized Guidance for Public Rights of Way
What Changed?
The Planning Inspectorate, responsible for procedural advice on public rights of way, has retired several advice notes and archived consistency guidelines. These updates aim to streamline access to guidance by consolidating the material into the Rights of Way Guidance booklet.
Why Now?
The archived advice notes, originally issued on an ad-hoc basis, no longer reflect the Inspectorate’s focus on procedural support. The new booklet addresses this gap, integrating updated and relevant content into a single, authoritative source.
What’s Included in the Guidance Booklet
The new booklet consolidates several critical procedural elements, including:
- Conduct of inquiries into public rights of way orders.
- Guidance on legal submissions, case law, and evidence.
- Procedural updates for objections, order map notations, and inspector powers.
Archived advice notes that will no longer be updated include topics like the Sunningwell judgment, the definition of “private carriage roads,” and issues relating to legal memory.
Advice Note Consolidation Outcomes
No. |
Advice Note |
Update |
Link |
|---|---|---|---|
| 1 | Conduct of inquiries into orders | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 3 | Case law, legal submissions at inquiries, new evidence | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 5 | Precedence | Archived, no longer updated | [Link] |
| 6 | Sunningwell judgment | Archived, no longer updated | |
| 8 | Definition of byway open to all traffic | Archived, no longer updated | |
| 9 | General guidance to inspectors on public rights of way matters | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 11 | Meaning of ‘private carriage road’ | Archived, no longer updated | |
| 12 | Vehicles and rights of way | Archived, no longer updated | |
| 14 | Legal memory | Archived, no longer updated | |
| 15 | Breaks in user caused by foot and mouth | Archived, no longer updated | |
| 16 | Widths on orders | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 19 | Human Rights Act 1998 | Archived, no longer updated | |
| 20 | Inspectors’ powers to modify definitive map modification orders | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 21 | Procedural irregularities | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 22 | Use of correct notation on order maps | See Rights of Way Guidance Booklet appendices | [Booklet] |
| 23 | Representations and objections | See Rights of Way Guidance Booklet appendices | [Booklet] |
Guidance included in the booklet will be fully integrated into future updates, ensuring continuity and relevance.
How This Affects You
For Local Authorities
The updated guidance centralizes essential procedural support, aiding in the management of Definitive Map Modification Order (DMMO) applications.
For the Public
Applicants and stakeholders can access streamlined, authoritative resources on rights of way procedures, making it easier to navigate application and objection processes.
For Inspectors
This consolidation enhances the accessibility of procedural materials, ensuring consistent application of public rights of way policies.
Moving Forward
The Planning Inspectorate’s consolidation marks a step toward more accessible and reliable guidance for public rights of way matters. For a comprehensive understanding of these updates, explore the Rights of Way Guidance booklet on GOV.UK.
By unifying and refining procedural resources, the Planning Inspectorate ensures public rights of way processes are clear, consistent, and user-friendly. For more insights, visit the GOV.UK portal to review the guidance in detail.
Sources: THX News & Planning Inspectorate.
