Can anybody tell me if a tarmac footpath across a playing field is classed as a public right of way?

Question

Our local council is proposing to fence in one side of this footpath with a 6 metre fence. If they do so I haven't got access to the footpath without doing a long detour.

Answer 1

You need to look at a document called the Definitive Map (held by your Council) which legally classifies all roads, byeways and footpaths in your area. For a fence of this height (presumably for football) they will need Planning Consent which you can object to. If it restricts use of the path then this will need permission from the County Council and is subject to representation and appeals.

If it is a designated footpath it is very difficult to close down or restrict and they would normally have to provide at least an alternative route.

Good luck

Answer 2

If you can use the footpath then they are not affecting the 'right of way'. The fact that it is now inconvenient for you to use is not really an issue. Sorry. You could try pointing it out to the council but they may take little, or no, notice.

Answer 3

A 6meter fence! 18-20foot high?

Is it to stop footballs & the like getting onto a highway or similar.

In which case it is probably a requirement. It sounds like your problem will be not being able to walk over the playing field to join the footpath. The playing field itself is probably not a right of way.

Maybe if you can get a map & see if any other arrangement of play space or perimiter footpaths would provide mitigation. The local planners/parish council will probably come & meet a group of you on site to look at options, especially if you can think of a better way to solve their problem and save them money too.

Answer 4

Are they stopping you using the path?

No then they can do as they please its their land