Public rights of way (PROWs) are highways that the public can legally pass along. PROWs include footpaths, bridleways, restricted byways and byways open to all traffic. The Definitive Map is a legal record held by the local highway authorities (in practice, the County Council) of PROWs in a particular area.
Under the Countryside and Rights of Way Act 2000 (CROW), a cut-off date of 1 January 2026 was introduced to record PROWs on the Definitive Map. This means that if a PROW was not shown on the Definitive Map on the specified date, it would be extinguished immediately, subject to the exception of any pending application. Furthermore, after the cut-off date, CROW would prohibit the removal or modification of any PROW even if it was “wrongly” recorded on the Definitive Map. Without consultation, however, the government in February 2022 repealed the cut-off date entirely. Under pressure from farmers and landowners, a cut-off date was re-introduced in March 2023: an amendment to CROW imposed a cut-off date of 1 January 2031.
Campaigning groups such as the Ramblers wish to preserve historical PROWs and ensure they are not lost. They claim that there are around 41,000 miles of lost paths in England. After the cut-off date, it will no longer be possible to apply to have a path recorded on the Definitive Map. On the other hand, many of these claimed PROWs run through farming and residential, commercial or industrial premises. The reinstating of long-forgotten PROWs will adversely impact landowners because the Definitive Map cannot be changed after 2031.
This means that landowners may receive notice of an application to reinstate a PROW on their land of which they have previously been unaware. As a landowner or occupier of land subject to a
PROW, there are responsibilities to maintain the access, keep the route visible and ensure that there are no obstacles that may endanger users. If landowners fail to comply with these measures, the local authority is entitled to take enforcement measures.
However, in August 2023, Defra introduced statutory guidance, known as Presumptions Guidance to advise local authorities on reinstating, diverting or extinguishing PROWs when there are concerns over the privacy, safety and security of the landowner. This was a result of extensive negotiations with the Stakeholder Working Group. In all relevant applications, for example, where the route of the PROW is through a garden, farmyard or business premises, the impact on the landlord should be heavily weighted against the interests of the public. The guidance also states that it is in the public interest to consider diversion or replacement of the PROW rather than extinguishment, should the local authority find for the landowner. Defra are currently considering further reforms for possible introduction in the coming months.
