Rights of way are paths that anyone has the legal right to use on foot, and sometimes using other modes of transport.

• Public footpaths are open only to walkers
• Public bridleways are open to walkers, horse-riders and pedal cyclists
• Restricted byways are open to walkers, horse-riders, and drivers/riders of non-motorised vehicles (such as horse-drawn carriages and pedal cycles)
• Byways Open to All Traffic (BOATs) are open to all classes of traffic, including motor vehicles, though they may not be maintained to the same standard as ordinary roads

Anyone can exercise their right of passage and use a public right of way, it is not a privilege granted by a landowner.

There are over 4,500km of rights of way in Staffordshire, and over 8,000 individual routes. Examples of well-known rights of way include the Staffordshire Way, The Tolkien Trail, and the Millennium Way.

Staffordshire County Council, as Highway Authority, is responsible for the maintenance of public rights of way. A parish council has the power to maintain footpaths or bridleways in its area, but this does not remove responsibility from the Highway Authority.

Find out more about the county council’s responsibilities

A ten-week consultation will begin on 16^th October asking for people’s views on proposals for how the county council can make the best use of its rights of way budget, and keep these footpaths and bridleways open and safe for the public to use.

The county council is proposing to introduce a hierarchy system that will focus its responses to those activities and rights of way that provide the greatest benefit to communities, the economy and Staffordshire’s tourism industry. As well as setting new service standards, the proposed approach will keep people more informed about progress and ensure that issues or defects are dealt with in a consistent manner.

However the provisional categorisation of each right of way is just a starting point. The consultation is asking for more local information to inform the final decision.

Demand for services such as adult social care is rising at the same time council income from the government is reducing. To care for those who need its help the most, the county council need to examine everything it does, find savings, and find new ways of working. Rights of way is one of those areas where there will be less money to spend, so the council needs a different approach to maintain these important community assets from April 2018.

Staffordshire County Council has a 4,500km network of footpaths and bridleways and receives thousands of calls for help and information a year, so it needs to find a way to make the budget available deliver the greatest possible benefits.

The proposals suggest an alternative way of looking after the rights of way network in Staffordshire, including:

• a hierarchy system where each right of way is categorised as A, B or C with proactive maintenance primarily focusing on A paths.  The council wants to hear local insight through the consultation to help refine the categorisation of the paths.
• the introduction of a new online programme to keep people informed of progress if they have requested help on a right of way
• that more help from the community is needed and that council support volunteer programmes are a possibility – we want to know what the priorities are for county council-supported volunteer programmes
• that local councils carry out more liaison with landowners on reports about defects on rights of way on their land

However the provisional categorisation of each right of way is just a starting point. The consultation is asking for more local information to inform the final decision.

• The county council will still respond to any emergency on any route.
• Proactive maintenance will be primarily focused on A paths and issues will be addressed on these routes ahead of those categorised as B or C.
• The categorisation of the path will also affect how quickly issues are resolved, with an issue on a A route being addressed faster than the same issue on a C priority route.
• Within the council’s detailed work processes, it will likely take a different approach to an issue depending on the category of the path. (e.g. the council is likely to make more effort to require landowners to reinstate an A or B category path after ploughing or cropping, including taking enforcement action.However the provisional categorisation of each right of way is just a starting point. The consultation is asking for more local information to inform the final decision.

What A, B and C paths look like (PDF)

What A, B and C paths would look like (Word)

What would happen to the rights of way in the C category?  Does this mean that some paths will not be maintained and will be lost?

No. The proposed approach will see the county council focus resources onto the most used and valued paths although issues concerning safety will be prioritised regardless of the category.

However, whilst every right of way is important, those proposed to be in the C category are those that are most likely to be infrequently used and are deemed not to offer as much benefit to the public as those categorised as A or B.

Whilst the county council would carry out its statutory responsibilities to maintain access and the surface of the paths , but it would only be able to respond to non-emergency issues on C category paths when limited resources allow. The county council would not be able to guarantee when it would begin investigating a issue, and, if necessary, taking action to resolve issues. The council feel that this is a reasonable approach to meeting its statutory duties.

Would most people see any difference if these proposals are put in place?

In the short term people may see less maintenance on C category routes.  However, it is hoped that over time more communities would get involved in helping keeping all rights of way open, accessible and well maintained, so that they’d all be in better condition.

However, the proposals also mean that:

• the county council will be able to focus on ensuring that taxpayers’ money is spent in the best way possible
• people will be better informed of progress if they have made a request for help or information
• there will be more opportunities for the community to learn new skills and meet other people through county council supported volunteer programmes

As part of the consultation, Staffordshire County Council wants local councils to:

• consider the proposals for which routes the county council focuses on compared to the routes that local people could maintain
• contribute any local knowledge that may change the category of a right of way
• tell the county council what are the priorities for council supported volunteer programmes – what would make the most difference?
• consider, and respond via the consultation about the proposal for parish councils to take over liaison with local landowners.  As the majority of reports being made are about broken stiles and gates on privately-owned land, which are the responsibility of landowners, the county council need parish councils to be its ‘eyes and ears’ on the ground, and encourage landowners to replace them where necessary. The county council will continue to contribute to their replacement cost.
• Regardless of how each right of way is categorised following the consultation, it is clear more help from the community is needed. The county council need parish councils to consider the range of options available to them to manage local environmental tasks – small highways amenities tasks or rights of way – and respond to the consultation with this in mind.

Given the reductions in resources, the county council will need to prioritise maintenance over improvements. However, it will bid for improvement funds whenever these are available, and will make a strong business case for doing so. In addition, it will work with the community to encourage landowners to improve the paths on their land as appropriate.

Following evaluation and research, each right of way was given three scores – one representing the demand, one representing the benefit of each right of way and one representing the potential for being used by a range of different people.

Read the Rights of Way categorisation – methodology

The consultation invites people to put forward any evidence or local knowledge they have about a right of way so that it can be correctly categorised.

All councils are having to make tough choices in the face of more demand and considerable pressure on budgets.

Many councils have carried out consultations into the best way of using a reduced budget and the majority have suggested a hierarchy system and the need for more community support.

No. Although the amount that can be spent on rights of way is not the subject of the consultation, stakeholders and partners can influence where the county council focuses its resources on and which the community need to take a bigger role in, and the priorities for volunteer programmes to support them.

The results of the consultation will be used to develop the final proposals in the new year with the aim of launching the new standards in April 2018/

Parish councils have the power to maintain footpaths, bridleways and restricted byways under Section 43 of the Highways Act 1980.

By exercising these discretionary powers, some parish councils in Staffordshire are already  adding to what the county council can provide. This is making a huge difference to people’s local environment and quality of life. Read parish council success stories

The county council will proactively promote the consultation to stakeholder, partners and rights of way user groups and local councils (parish, city and town), but anyone can have their say.

A short online survey is available now – take part in the consultation
You can also have your say or ask questions by emailing rightsofwayreview@staffordshire.gov.uk