These fall into four categories: footpaths over which the right
of way is on foot only; bridleways which can be used by walkers,
riders and cyclists; restricted byways (mostly former roads used as
public pathways, or RUPPS) which can be used by all types of
traffic except mechanically propelled vehicles; and byways open to
all traffic (BOATS) on which all vehicles are permitted but
which in practice are mainly used in the same way as footpaths and
Within these categories there is potential for local conflict
between different users and between users and owners.
Strutt & Parker is able to effectively assist land owners
and managers with rights of way issues, proposed diversions (for
example, for crime prevention or protection of a site of special
scientific interest) and defending claims for new paths.
North of the border, the legal position is very different, but
Strutt & Parker is equally well placed to protect our Scottish
clients' interests within the access provisions of the Land Reform
(Scotland) Act 2003.
The Countryside and Rights of Way (CROW) Act was introduced by
the last government to give greater public access to the
countryside. We won 99% of appeals against CROW lodged on our
clients' behalf in 2000, the year the Act came into being. The
current government is planning a review of the Act and, with a
wealth of experience and expertise in this field, we are ready to
advise on the new review.
The Marine and Coastal Access Act 2009 introduced a new right of
access around the English coastline. (Wales is making its own
arrangements and legislation differs slightly in Scotland where
access is a devolved power.) Coastal access provisions introduced a
continuous 4m wide walking route around the coast and a right for
the public to access a margin of land either side. Consideration
needs to be given to how Natural England might align the route in
relation to your particular coastal landform type. Only a small
number of land uses will be excepted from the right-of-access.
Strutt & Parker is well-placed to assist you in mitigating
the impact of the Act on your land and businesses, wherever you are
on the UK coastline.