Rights of way - information and advice

‌‌‌‌Contents

• Temporary closures
• What is a public right of way?
• Where can I find a record of Derby's public rights of way?
• Who looks after the definitive map and statement?
• How do you get Derby's definitive map and statement changed?
• Where can I find a list of current applications to modify the definitive map and statement?
• How do you get a public right of way created, diverted or closed?
• Where can I find a list of current applications for public path orders?
• What can landowners do to restrict how many public rights of way cross their land?
• How do you get a public right of way temporarily closed or diverted to allow works to be carried out to a property?
• Who maintains our public rights of way?
• What is a Rights of Way Improvement Plan (RoWIP)?
• What are the overall objectives of Derby's RoWIP?
• How do we monitor the progress of the RoWIP?
• What is a Local Access Forum?
• What does the Derby and Derbyshire Local Access Forum (DADLAF) do?
• How often does DADLAF hold its meetings?
• How can I join DADLAF?
• Where can I go for walks in Derby?

Temporary closures

The footbridge at the southern end of Public Footpath No. 1 Chellaston, on the city boundary, was closed temporarily for repairs until from 16 January 2019, the Department for Transport has agreed to extend the closure until January 2020. Please follow the alternative pedestrian route on the attached plan. 

• Chellaston FP1 Temporary Closure Plan
• FP1 Public Notice

For further information on these closures please contact Phill Massey, telephone 01332 642507.

What is a public right of way?

Footpaths, bridleways and byways open to all traffic, are normally referred to as public rights of way, or public paths.

The user rights for each type of way are as follows:

• Public footpaths: Users have a right of way on foot.
• Public bridleways: Users have a right of way on foot, horseback and bicycle.
• Public byways: Users have a right of way on foot, horseback, bicycle and motor vehicle, although the main use must be on foot and horseback.

For additional information on public footpaths and bridleways visit:

• Naturenet
• Department for Environment, Food and Rural Affairs - DEFRA
• Natural England
• Derbyshire County Council

Where can I find a record of Derby's public rights of way?

Our public rights of way network is shown on a 1:25000 scale plan which is called the 'definitive map'. The map is not yet complete for Derby and shows only those footpaths and bridleways that were created in the old rural parishes that circled the old Derby County Borough. These rights of way are described in writing in a supporting document called the 'definitive statement'.

The following 10 maps show the location of, what we believe to be, Derby's current rights of way network (as of July 2017): 

• Rights of Way - Plan 1 - Former Allestree Parish
• Rights of Way - Plan 2 - Former Breadsall Parish
• Rights of Way - Plan 3 - Former Chaddesden North Parish
• Rights of Way - Plan 4 - Former Chaddesden South Parish
• Rights of Way - Plan 5 - Former Spondon Parish
• Rights of Way - Plan 6 - Former Alvaston Parish
• Rights of Way - Plan 7 - Former Chellaston/Sinfin Moor Parishes
• Rights of Way - Plan 8 - Former Sinfin Moor/Littleover Parishes
• Rights of Way - Plan 9 - Former Littleover Parish
• Rights of Way - Plan 10 - Former Mickleover Parish

Who looks after the definitive map and statement?

Derby's Public Rights of Way Service is responsible for maintaining an accurate record of the public rights of way network by making sure that identified public rights of way are recorded on a definitive map and statement, which cover the city.

We must keep them:

• recorded on the definitive map and statement
• open at all times for public use
• maintained to a level suitable for their use
• signed wherever they leave a road.

We must also manage requests for new public paths, as well as requests for the diversion and/or closure of existing ones.

Revised City of Derby Definitive Map Timetable 

March 2018 - Produce draft city-wide legal event modification order to update the Definitive Map and Statement subject to clear records of orders having been made.

December 2018 - Make first legal event modification orders to update the Definitive Map and Statement.

December 2019 - Produce fully updated Definitive Map and Statement.

Please note, we will continue to make additional legal event modification orders to update the Definitive Map and Statement as needed.

How do you get Derby's definitive map and statement changed?

The Wildlife and Countryside Act 1981 gives people the right to formally apply to us to:

• add new paths
• delete existing paths
• upgrade or downgrade the rights over existing paths
• change the details of existing paths.

Please contact our Rights of Way Officer to discuss your modification proposals and to request a copy of our modification order application pack.

If we make an order to modify the definitive map by adding the new way, we will:

• publish a copy of it in the Derby Evening Telegraph
• display notices of the order in Council buildings and on the path itself.

People have 42 days to object to a modification order. If we do not receive any objections then we will confirm the order. By confirming the order we will have legally added the way to the definitive map and statement.

If we receive objections and cannot persuade the objectors to withdraw them, then we have to refer the matter to the Secretary of State who will probably instruct that a public local inquiry is held to investigate the matter.

Where can I find a list of current applications to modify the definitive map and statement?

We are required by law to keep a register of applications for orders to modify the definitive map and statement. 

Current applications

We have received the following applications to modify our definitive map and statement:

Application number - ROWDerby2

Purpose of application
Addition of four footpaths on land at Brook Farm, Chaddesden.

Applicant details
Sarah Webber
Chaddesden
Derby

Application received
28th May 2013

Documents submitted
Original application
Map of route

Application progress
Determined 18th August 2016.

For additional information on definitive maps and statements visit the Naturenet website.

How do you get a public right of way created, diverted or closed?

We have powers to make orders to create, divert or close public rights of way. We can work with you to create new public rights of way where required and you can apply to us to divert or close existing public rights of way. We can close rights of way which are no longer needed and have reasonable alternative routes close by. These orders are known as public path orders.

If we make a public path order, we will:

• publish a copy of it in the Derby Evening Telegraph
• display notices of the order in Council buildings and on the path itself.

People have 28 days to object to a public path order. If we do not receive any objections then we will confirm the order.

If we receive objections to an order and cannot persuade the objectors to withdraw them, we can choose to withdraw the order or refer the matter to the Secretary of State who will probably instruct that a public local inquiry is held to investigate the matter.

Fees for public rights of way and town and village greens 

Fee for processing of public path orders (including advertisement costs) - £3000. 

A deposited statement and plan made under Section 31(6) of the Highways Act 1980 - £300. 

A deposited statement and plan made under both Section 31(6) of the Highways Act 1980 and under Section 15A (1) of the Commons Act 2006 - £400. 

A statutory declaration relating to a current statement and plan made under Section 31(6) of the Highways Act 1980 - £200. 

Any additional parcels of land included in a deposited statement and/or declaration made under Section 31(6) of the Highways Act 1980 and/or under Section 15A(1) of the Commons Act 2006 - £50 per parcel.

Where can I find a list of current applications for public path orders?

We are required by law to keep a register of applications for public path orders.

Current applications

We have received the following applications for public path orders:

1) Application number - PPODerby1

Purpose of application
Extinguishment of pedestrian rail crossing at Megaloughton Lane, Spondon

Applicant details
Network Rail
The Mailbox
100 Wharfside Street
Birmingham
B1 1RT

Application received

30th July 2013

Application progress
Order not confirmed by Secretary of State - 29^th November 2017

2) Application number - PPODerby2

Purpose of application
Permanent stopping up/diversion of Public Bridleway No.3 Chellaston off Woodlands Lane

Applicant details
Radleigh Homes
5 Riverside Court
Pride Park
Derby
DE24 8JN

Application received
9th September 2015

Documents submitted
Map of route

Application progress
Order Confirmed - 8th September 2016

3) Application number – PPODerby3

Purpose of application
Diversion of public footpath within grounds of Whitecross House

Applicant details
Derby Homes Ltd
839 London Road
Derby
DE24 8UZ

Application received

10th December 2015

Documents submitted
Original application and map of route

Application progress
Order Confirmed - 8th September 2016

4) Application number - PPODerby4 

Purpose of application
Diversion of public footpaths and bridleways, Infinity Park, Derby

Applicant details
Derby City Council
Regeneration
Communities and Place
The Council House
Corporation Street
Derby
DE1 2FS

Application received
12th July 2016

Documents submitted
Original application and map of routes

Application progress
Order Confirmed - 24th August 2017

5) Proposal number - PPODerby5 

Purpose of proposal
Creation of new public bridleway off Oaklands Avenue, Littleover, Derby

Proposer details
Derby City Council
Parks Services
Communities and Place Directorate
The Council House
Corporation Street
Derby
DE1 2FS

Documents
Route Map

Order progress
Order confirmed- 30th August 2018 

6) Proposal number – PPODerby6

Purpose of proposal
Extinguishment of Public Footpath Sinfin Moor 7 off Wilmore Road, Derby

Proposer details

Eversheds Sutherland (International) LLP acting for
Rolls Royce PLC
PO Box 31
Derby
DE24 8BJ

Documents
Route Map

Order progress
Order confirmed - 13th February 2020

7) Proposal number - PPODerby7

Purpose of proposal
Diversion of Public Footpath 1 Chellaston off Infinity Park Way, Derby

Proposer details
Bellway Homes Ltd (East Midlands)
3 Romulus Court
Meridian East
Meridian Business Business Park
Leicester
LE19 1YG

Documents
Route Map

Order Progress
Application registered - 18th July 2019

What can landowners do to restrict how many public rights of way cross their land?

Landowners can deposit statements and declarations under section 31(6) of the Highways Act 1980 using application form CA16.

Statements currently deposited with us

• Radleigh rights of way Statement for Brook Farm
• Harworth Estates Investments Ltd rights of way Statement for land at Spondon
• JH Powell & Co rights of way statement for Cathedral Chambers Car Park‌

Declarations currently deposited with us

• J H Powell & Co rights of way declaration for Cathedral Chambers car park
• Broadway Plus rights of way declaration for Broadway Baptist Church  
• Defence Estates rights of way declaration for Alvaston ALC 
• Durose Estates rights of way declaration for land on Breadsall at Ireton Wood Hall
• Radleigh rights of way declaration for land at Brook Farm, Chaddesden

You can also view the Rights of Way Statutory Declaration Register at our offices. To make an appointment to view the paper register, please contact our Local Land Charges.

How do you get a public right of way temporarily closed or diverted to allow works to be carried out to a property?

Contact Streetpride for details of how to temporarily close or divert a public right of way.

Who maintains our public rights of way?

Our Streetpride service maintains the public footpath and bridleway network.

It you discover any problems on a public right of way, you can report them by contacting:

• Derby Direct
• Streetpride

What is a Rights of Way Improvement Plan (RoWIP)?

Every Highway Authority has a duty to produce a Rights of Way Improvement Plan (RoWIP) under Section 60 of the Countryside and Rights of Way Act 2000.

The legislation requires that the plan considers:

• the extent to which local rights of way meet the present and likely future needs of the public
• the opportunities provided by local rights of way (and in particular by footpaths, cycle tracks, bridleways and restricted byways) for exercise and other forms of open-air recreation and the enjoyment of their area
• the accessibility of local rights of way to blind or partially sighted persons and others with mobility problems.

Derby’s current RoWIP 2014 – 2017 was approved on 22nd October 2014. Download Derby's Rights of Way Improvement Plan for more information.

• Derby-RoWIP Report 160318
• Derby RoWIP Report 150618
• Derby RoWIP Report 210918
• Derby RoWIP Report 071218
• Derby-RoWIP Report 150319
• Derby-RoWIP Report 140619
• Derby-RoWIP Report 270919
• Derby-RoWIP Report 061219

What are the overall objectives of Derby's RoWIP?

Our RoWIP gives us the opportunity to:

• see whether the city's path network is meeting the needs of its users
• identify where we can improve it
• promote greater use
• support growth and economic competitiveness by delivering a more connected path network.

The Derby and Derbyshire Local Access Forum is the statutory adviser on the implementation of this plan. The plan is a supporting document of our Derby Local Transport Plan, also known as LTP3.

How do we monitor the progress of the RoWIP?

At the start of each financial year, we produce a work programme listing the actions we intend to carry out for the year. At the end of each year, we create a monitoring report which details how much progress has been made on meeting the targets of the actions. We report both the work programmes and the monitoring reports to the Derby and Derbyshire Local Access Forum.

What is a Local Access Forum?

The Countryside and Rights of Way Act 2000, the 'CROW Act', required every local highway authority and National Park Authority to establish an advisory body known as a Local Access Forum.

Local Access Forums have an advisory role in strategic access, recreation issues and public rights of way. They act as statutory adviser to highway authorities and other bodies on the improvement of public access to land in the area for the purpose of open-air recreation and the enjoyment of the area.

Derbyshire County Council and ourselves set up a joint Forum known as the Derby and Derbyshire Local Access Forum (DADLAF). It was established on 31st July 2003 and is concerned with all of Derbyshire to the south and east of the National Park. The National Park and the area of the county in the northwest around Buxton and Glossop is covered by the Peak District Local Access Forum.

For additional information on local access forums visit the Derbyshire County Council website.

What does the Derby and Derbyshire Local Access Forum (DADLAF) do?

It acts as statutory adviser to us, Derbyshire County Council and other bodies. The members of the forum provide a reasonable balance between representatives of:

• users of local rights of way or the public in relation to rights over access land
• land owners or occupiers
• any other relevant interests such as tourism, sport, nature conservation and disabled access.

The forum are consulted on:  

• the process of producing Rights of Way Improvement Plans in Derby and Derbyshire
• issues relating to open country, registered common land and other registered access land
• any by-laws to be made by the access authority affecting access land    
• directions restricting or excluding long-term access from access land
• matters relating to the management of the public rights of way networks in the city and county
• other relevant issues relating to access and outdoor recreation.

How often does DADLAF hold its meetings?

Meetings take place four times a year and are hosted alternately by us and Derbyshire County Council. The meetings are open to interested members of the public.

How can I join DADLAF?

We recruit in the summer every year and membership starts at the annual general meeting in September.

Contact us at anytime if you are interested in joining our DADLAF. You can find out more information about DADLAF on the Derbyshire County Council website.