Coronavirus update

Public Rights of Way under the Highways Act 1980 and use of Access Land under the Countryside and Rights of Way Act 2000: Covid-19

We are working with landowners and understand the challenges faced currently.

No Rights of Way have been closed due to Covid-19. It is an offence to obstruct or to declare a Rights of Way closed without lawful authority.

The risk of the coronavirus being passed on to others from people using public rights of way and other paths and trails is considered to be very low as long as people follow the Government's instructions to maintain social distancing.

Landowners do not have the legal right to block or obstruct public rights of way or access land. However, in very limited circumstances where large numbers of people are using such routes, landowners may consider the following measures:

  • tying gates open if it is safe to do so, so that walkers do not need to touch the gate
  • offering an alternative route around gardens and farmyards only where it is safe to do so (you must gain permission from relevant landowners and make sure the route is safe for users and livestock) provided that the original right of way is maintained
  • temporarily displaying polite notices that encourage users to respect local residents and workers by following social distancing guidelines and consider using alternative routes that do not pass through gardens, farmyards or school

Note: this is a polite request only, and there is no power under the Countryside and Rights of Way Act 2000 (CROW) or the Highways Act 1980 for landowners to close or obstruct a public right of way or use of access land

Key points from the Countryside and Rights of Way Act 2000 and the Highways Act 1980

If a land owner offers an alternative route, they must ensure that it is safe to use and that the existing right of way or use of access land is maintained so that users with differing abilities have a choice.

A notice must not imply that there is any doubt about the use of the existing right of way or use of access land.

These temporary measures must be lifted as soon as social distancing measures are relaxed.

Do not drive to walk or exercise. Stay local, stay safe and please be considerate to landowners and others.

Definitive map

The Northamptonshire Definitive Map (and Statement) are the legal records of all the county's public rights of way (footpaths, bridleways, restricted byways and byways open to all traffic).

Definitive Map Modification Orders

Any person believing details contained within the Definitive Map or Statement to be incorrect may apply for a modification order which, if made and confirmed, will amend the map.

Register of Definitive Map Modification Order Applications

​Northamptonshire County Council, as surveying authority, is required to keep a DMMO register under section 53B of the Wildlife and Countryside Act 1981 as amended.

Temporary Traffic regulation orders

A Temporary Traffic Regulation Order is a request to temporarily divert or close a public right of way, usually in the interest of public safety.

Public path orders

Anyone may apply to the local authorities for the diversion or closure of public rights of way on their land.

Public rights of way searches

Find out how to see if there is a public right of way over land you are interested in.

Rights of way improvement plan

The approved Northamptonshire Rights of Way Improvement Plan was published in July 2020.

Local Access Forum

Local Access Forums (LAFs) are advisory bodies that provide independent advice on public access to land, for recreational and other functional and utility purposes.

Landowner deposits

Under Common Law and the Highways Act 1980 it is possible for members of the public to claim that a track has been dedicated as a public right of way by the landowner by their failure to interrupt the use of it; this is called 'implied dedication'

Seasonal byway restrictions

Northamptonshire County Council have made permanent Traffic Regulation Orders to prohibit the driving of any horse drawn vehicle or motor vehicle (except motor cycles) from 1 October to 31 December and 1 January to 30 April inclusive each year

Permanent Traffic Regulation Orders

A Permanent Traffic Regulation Order is a request to close a public right of way, usually in the interest of public safety.