Draft Final

Gloucestershire Local Transport Plan 2006-2011

Appendix F Rights of Way and Countryside Access Improvement Plan

16th February 2006

Gloucestershire Local Transport1 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager

CONTENTS

1. Foreword 2. Executive summary 2.1 Context 2.2 Scope 2.3 Resources 3. Background 3.1 Public Rights of Way in Gloucestershire 3.2 Headline Strategies 3.3 Legal Context 4. Management of the Public Rights of Way and Access Network 4.1 Definitive Map and Statement 4.2 Maintenance 4.3 Enforcement and protection 4.4 Condition of the public rights of way network 4.5 Access land and the new access rights 4.6 Promoted walks and rides 4.7 Land manager liaison 4.8 Permissive access in the countryside 4.9 Voluntary involvement and community participation 4.10 Partnership working & Shared Priorities 5. Provision for Users 5.1 Users with Limited Mobility 5.2 Walkers 5.3 Horse-riders and Carriage-drivers 5.4 Cyclists 5.5 Recreational Motor Vehicle Users 5.6 Social inclusion

Gloucestershire Local Transport2 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager

6. The Wider Context 6.1 Information and Communication 6.2 Road Safety 6.3 Education and awareness 6.4 Planning 6.5 Community safety 6.6 Health promotion 6.7 Biodiversity 6.8 Gloucestershire Local Access Forum 6.9 Sustainable transport 6.10 Economic development and regeneration 7. Statement of Actions 7.1 What is the Statement of Actions? 8. Resources 8.1 Overview 8.2 Key tasks 9. Implementation and monitoring 10. Methodology 11. Annexes A. Summary of ROWIP consultation responses. B. Walking and riding routes in Gloucestershire C. Priority guidelines for modification orders D. Priority guidelines for public path orders E. Priority guidelines for managing new access rights F. Priority guidelines for public rights of way maintenance and enforcement G. Legal Duties and Powers H. Consolidation and digitisation of the definitive map. I. Glossary J. Current PROW team resources (2005/06)

For further details, please contact:

Mark Parker Public Rights of Way Manager

Tel: 01452 427108 Emai: [email protected]

[Rev. February 2006]

Gloucestershire Local Transport3 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

SECTION 1. FOREWORD

In Gloucestershire we recognise the importance of public rights of way and the opportunities they provide for public access, both functional and recreational. In such a large and mainly rural county, the path network allows people to enjoy the beautiful countryside in which many live and work, as well as to travel from place to place for work or school without having to use the car.

Rather than focus solely on public rights of way this document also considers wider public access to the countryside, including the provision of access to CROW Access Land and permissive access.

Welcome to Gloucestershire’s Rights of Way and Countryside Access Improvement Plan 2006-2011.

Gloucestershire Local Transport4 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 2. EXECUTIVE SUMMARY

2.1 CONTEXT

2.1.1 Gloucestershire County Council as the local highway authority is required to develop and produce, under Section 60 of the Countryside and Rights of Way Act 2000, a Rights of Way Improvement Plan (ROWIP) by November 2007.

2.1.2 The statutory guidance states that a Rights of Way Improvement Plan must assess:

• The extent to which local public rights of way meet the present and likely future needs of the public; • The opportunities provided by local public rights of way for exercise and other forms of outdoor recreation and enjoyment of the authority’s area; • The accessibility of local public rights of way to blind and partially sighted people and others with mobility problems.

2.2 SCOPE

2.2.1 Putting together a ROWIP is a new duty for highway authorities and causes them to look at adapting the path network to both current and possible future needs. The ROWIP is a step beyond the Countryside Commission’s earlier “Milestones” initiative, which aimed to get the existing public rights of way network in good condition. Elected members approved Gloucestershire County Council’s “Milestones Statement” in March 1996.

2.2.2 The statutory guidance also states that the ROWIP itself should not contain information on site- specific assessments, but draw broader, generic conclusions, which are then the focus of a “statement of action” for the management of local public rights of way and for securing an improved network of paths.

2.2.3 Because the scope of the Plan is wider than just rights of way and touches on recreational access provision more generally, we have decided to retitle the plan the Rights of Way and Countryside Access Improvement Plan, covering the period 2006-2011 and we have used the shorthand ‘ROWIP’ throughout the document for simplicity’s sake.

2.3 RESOURCES

2.3.1 In the current funding climate, the opportunities for new internal revenue funding streams are likely to be limited. To allow some measurement of our ambitions, in terms of Key Tasks (shown in a table at 8.2) and some prioritisation, a simple 1 (high), 2 (medium) and 3 (low) level for growth priority has been set against each action point, along with an estimate of the resources required to complete the action, if assessed. The priority given is in part a response to statutory pressures and in part a response to consultation comments.

Gloucestershire Local Transport5 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 3. BACKGROUND

3.1 PUBLIC RIGHTS OF WAY IN GLOUCESTERSHIRE - AN OVERVIEW

3.1.1 Gloucestershire has about 3430 miles of public footpaths and bridleways, along with 'roads used as public paths' and byways marked on the legal record, the Definitive Map. This is one of the longest networks managed by any county. For example, our neighbour Oxfordshire has around 2500 miles while Worcestershire has about 3000 miles.

3.1.2 Through tourism and local use, the recreational path network helps the local economy to generate income for rural businesses, while functional routes – to schools, workplaces and service facilities – form an essential part of the wider highway and amenity network.

Figure 1. Lawful users of public rights of way

Route type Lawful Users Length in Glos Public Footpaths 4511km

Public Bridleways 696km

Restricted Byways (or 245km ‘Roads Used as Public Paths’) Byways Open to All 15km Traffic

3.1.3 The public rights of way network provides access to the countryside, whereby different types of user have the legal right to use different types of route. This is summarised in figure 1 above.

3.1.4 The county council is responsible for the management of a network of 9,662 paths. The network is comprised of 8,448 public footpaths, 815 bridleways, 399 RUPPs/restricted byways and byways open to all traffic.

Gloucestershire Local Transport6 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 3.2 HEADLINE STRATEGIES

3.2.1 Community Strategy

3.2.1.1 The community strategy aims to deliver improvements for the whole community. Developed by the Gloucestershire Strategic Partnership (GSP), it sets out the steps to be taken to improve the well-being of the County until 2014.

3.2.1.2 The GSP has set out to tackle county-wide issues, and has the support of six themed partnerships. Six district-based local strategic partnerships are also developing community strategies to tackle local issues.

3.2.1.3 The Community Strategy and its 6 key themes overarch all other local authority plans: • A thriving economy • Learning and opportunity for all • Living life to the full • A better environment • A safer county • Thriving communities

3.2.1.4 It is recognised that any improvements that flow from the ROWIP will need to assist and support the various objectives and actions set out in these shared themes.

3.2.2 Gloucestershire County Council’s Draft Corporate Strategy

3.2.2.1 The County Council’s draft priorities include:

3.2.2.2 Making our communities safer: Reduce the number of people killed and seriously injured on roads in the county; Increase how safe people feel in their own communities

3.2.2.3 Transport that works: Substantially improve the condition of our roads.

3.2.2.4 Environment and economic development; Increase recycling and composting, and work to change community behaviour; Increase the economic value of key sectors in the county (e.g. farming, food, and high-tech industries).

3.2.2.5 Driving Excellence whilst maintaining low council tax; Improve the levels of customer’s influence on, and satisfaction with, council services.

3.3 LEGAL CONTEXT

3.3.1 This section briefly outlines the role of Gloucestershire County Council as highway authority, surveying authority and access authority.

3.3.2 The county council has a wide range of statutory duties and powers with respect both to the protection and maintenance of public rights of way and the upkeep of the definitive map. In addition, it has a range of powers relating to the management of the new access rights to access land.

3.3.3 This section provides a general overview of these statutory duties and powers. If you require more specific information about discrete statutory duties and powers this can be found under the separate themes listed in section 5 or in the summary tables at Annex G.

Gloucestershire Local Transport7 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 3.3.4 The Countryside and Rights of Way Act 2000

3.3.4.1 The Countryside and Rights of Way Act 2000 (CROW Act) aims to extend the public’s ability to enjoy the countryside whilst also providing safeguards for landowners and occupiers.

3.3.4.2 The sections that most interest us in regard to the ROWIP are Part 1, which covers the provision of access to land (CROW Access Land); and Part 2, which covers public rights of way.

3.3.4.3 It is within Part 2 that the provisions requiring every highway authority in England and Wales to produce a Rights of Way Improvement Plan are detailed, specifically sections 60 to 62.

3.3.5 Other Specific legal duties and responsibilities

3.3.5.1 In law public rights of way are highways. The principal duty placed on highway authorities, under section 130 of the Highways Act 1980, requires that they ‘assert and protect the rights of the public to the use and enjoyment of any highway’. A range of other duties exist that assist the highway authority in carrying out this duty, for example in assisting with the removal of unlawful obstructions (s137), though a commensurate power exists for any member of the public to require a highway authority to cause the removal of certain types of obstruction (s130A).

3.3.5.2 Furthermore, section 41 of the same Act requires highway authorities to maintain all highways maintainable at public expense, (the bulk of public rights of way are publicly maintainable highways). This again can be enforced via a statutory power available to the public to require either the highway authority or another person responsible for the maintenance of a highway to repair the highway. Finally, it is a duty under the provisions of section 27 of the Countryside Act 1968 that a highway authority erects and maintains signposts indicating that a footpath, bridleway or byway exists where that public right of way leaves the metalled road.

3.3.5.3 The highway authority has wide-ranging powers to improve public rights of way, including works to level, widen, or drain the way. It may also put up barriers and is empowered to authorise the erection of barriers like stiles and kissing gates for stock control purposes.

3.3.5.4 On the mapping side, section 53 of the Wildlife and Countryside Act 1981 requires the surveying authority, Gloucestershire County Council, to keep the definitive map and statement under continuous review. This includes the duty to modify the map as a result of legal events, or as a result of its discovery of evidence that a legal event has taken place (e.g. the acquisition of public rights over a way).

3.3.5.5 The highway authority also has a range of powers enabling it to deal with applications for the creation, diversion and extinguishment of footpaths and bridleways, both in the landowner’s and the public’s interest. The CROW Act has introduced measures to allow for the diversion of public footpaths and bridleways in the interests of nature conservation, and for the diversion or extinguishment of certain paths (generally speaking as a last resort) for crime prevention or school security reasons.

3.3.6 Other general legal duties and responsibilities

3.3.6.1 Under the Disability Discrimination Act 1995 (“DDA”),as amended by the Disability Discrimination Act 2005, local authorities are service providers. Authorities, as a matter of good practice, and to fulfil their duties under the DDA, should ensure that in all the stages of preparing, publishing and implementing their ROWIPs that as many people as reasonably possible can access ROWIPs, the ROWIP consultations and the improvements made to local public rights of way.

Gloucestershire Local Transport8 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

3.3.6.2 Gloucestershire County Council promotes sustainable development in all areas of its work. The Council will follow sustainable development principles in exercising its duties with regard to this ROWIP and its subsequent implementation.

3.3.6.3 Local highway authorities must make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness. In doing so, authorities must consult, among others, representatives of persons who use or are likely to use services provided by the authority. The preparation and implementation of this ROWIP is compatible with this requirement.

3.3.7 Tables are provided in Annex G setting out specific duties and powers regarding public rights of way.

Gloucestershire Local Transport9 Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 4. MANAGEMENT OF THE ACCESS NETWORK

4.1 THE DEFINITIVE MAP AND STATEMENT

4.1.1 Introduction

4.1.1.1 The definitive map and statement are legal documents held and maintained by the county council, which record all the public rights of way we know about in the county. These documents are a valuable tool for landowners, developers, planners, walkers, cyclists, riders, and anyone else interested in public access and the rights of the public. The definitive map is in the form of books of maps showing the paths. These are accompanied by books of statements describing each public right of way.

The definitive map and statement are “living documents” in that they are subject to constant and on- going change as routes are either added, changed, or deleted. The county council will continue to receive applications from the public to change the map for the foreseeable future.

Figure 1 – extract from the definitive map

4.1.1.5 Legal effect of the definitive map

The marking on the definitive map of a path or way is conclusive evidence of the minimum status of the public's right of way over the path. The definitive map is only conclusive as to the information it contains without prejudice to the existence of any other rights. In other words there may be other public and private rights of way on many of the routes shown on the map, and elsewhere. Although public rights of way are shown on the definitive map, private rights of way are not systematically recorded on a public map here or elsewhere.

4.1.2 Update, or “Consolidation” of the definitive map and statement

4.1.3.1 In 1996, the county council began a project to update, or “consolidate”, the definitive maps and statements. This means that all the legal events, e.g. diversions, extinguishments, creations etc.,

Gloucestershire Local 10Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 which have happened since 1953 were to have been incorporated onto the definitive map and statement and an updated copy published. The project started in 1996 but was not completed. However, following the transfer of the definitive map staff to the public rights of way team, as a consequence of the Public Rights of Way and Countryside Sites Best Value Review in 2003, the consolidation project was reappraised in the autumn of 2004 and the resource implications revisited. Updating these documents is a substantial future exercise for the county council, which it would be desirable to revisit over the coming years. An overview is given in Annex H.

4.1.3 Modification Orders

4.1.3.1 We receive applications to amend the definitive map in the light of evidence presented to us. These applications are currently running on average between 12 and 20 a year. They are however rising as a result of the potential imminent closure to applications for byway open to all traffic status (some 40 additional applications were received during 2005).

4.1.3.2. The Definitive Map Section currently has a considerable and growing backlog of work in this area, partly as a result of the painstaking research required. Furthermore, compared with other areas of work regarding public rights of way, processing modification orders represent a significant drain on officer time, particularly when one takes into account the eventual outputs relative to other activities.

4.1.3.3 In addition to the information set out above, the Countryside Agency has embarked on a “Discovering Lost Ways Project” to identify unrecorded public rights of way, before the closure of the definitive map to applications based on historic evidence in 2026. This may well result in a large number of new applications for modification orders being received by the county council for processing.

4.1.3.4 In response to these various pressures, a system for prioritising and more effectively managing this area of work has been drawn up and was subject to review during the consultation stage of the Draft Rights of Way Improvement Plan. The new priority system is contained in Annex C.

4.1.3.5 It is possible that the timescale over which some modification orders may be resolved will be fairly long. Therefore we will consider taking steps to secure information provided by witnesses. The Statutory Declaration process should enable us to secure witness statements for future use.

4.1.3.6 Section 6 of the Natural Environment and Rural Communities Bill 2005 (NERC Bill) will substantially affect how claims for Byways Open to All Traffic are processed. The Bill has been through the Commons and has had its second reading in the Lords; it may be further revised by Lords at the Third Reading during early 2006.

4.1.4 Public Path Orders

4.1.4.1 Public path orders enable applicants, usually landowners, to apply to make permanent legal changes to the routes of public rights of way across their land. This is a public process where anyone may object to the making of an order. We will process public path orders, i.e. creation orders, extinguishment orders and diversion orders, either in response to applications from the public, or as county council generated schemes.

We will process public path orders affecting the national trails in the county on behalf of the Countryside Agency to help improve the alignment of these nationally important routes.

We will make Cycle Tracks Act Orders to upgrade public footpaths to Cycle Tracks to assist with the development of cycling routes.

Gloucestershire Local 11Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

If a new path is to be created it must appear to the authority that there is a need for it and the authority must be satisfied it is expedient to create it having regard to the extent to which it would add to the convenience or enjoyment of a substantial section of the public or of local residents, and the effect the creation would have on the rights of those with an interest in the land.

The test for extinguishing a public path is that it is ‘not needed for public use’. Because this is a difficult test to meet, the county council will normally favour a diversion proposal over an extinguishment.

4.1.4.5 A system for prioritising and more effectively managing this area of work has been drawn up and was subject to review during the consultation stage of the draft Rights of Way Improvement Plan. The new priority system is contained in Annex D.

4.1.5 Unmapped area

4.1.5.1 In Gloucestershire, the Secretary of State exempted one area from the original definitive map survey in the 1950s; this was the urban area of Gloucester City centre. Gloucester City Council has provided a list of proposed additions to the definitive map to the county council. However, further work is required to legally record these routes as public rights of way on the definitive map or as publicly maintainable streets on the highway records. Given their nature as predominantly urban alleyways and as potentially useful utility routes, it is recommended that they be recorded on the county highway records.

4.1.6 Roads Used as Public Paths (RUPPs)

4.1.6.1 Section 54 of the Wildlife and Countryside Act 1981 placed a duty on surveying authorities to reclassify all ways shown on their Definitive Maps and Statements as RUPPs. This requirement will, during 2006, be superseded by the terms of the Countryside and Rights of Way Act 2000, which will blanket reclassify all remaining RUPPs as restricted byways.

4.1.6.2 Few RUPPs in Gloucestershire were reclassified under the earlier legislation, so the bulk of these will become restricted byways. We intend marking these clearly at the roadside so as to inform users of the change in their recorded status.

4.1.7 Core Activities

1. To keep the definitive map and statement up to date by processing modification order applications.

2. To process public path order applications.

3. To develop an up to date electronic map of public rights of way for display on the county council website.

4. To create registers detailing each of the following: Modification order applications; Section 31(6) depositions; public path order applications. Both web-based through the Gloucestershire County Council website and in paper form.

4.1.8 Recommended Practices

1. Processing modification order applications in line with the revised Modification order priority guidelines at Annex C

Gloucestershire Local 12Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

2. To process public path order applications in line with the revised Public Path order priority guidelines at Annex D

3. To advise witnesses to make statutory declarations where modification order applications may not be dealt with for some years.

4. Keep under review the implications for Gloucestershire of the Countryside Agency’s “Discovering Lost Ways Project” pilots.

4.1.8 Potential Improvement Actions

1. Complete the consolidation of the definitive map, (see Annex E).

2. Create a digitised definitive map (must be coupled with consolidation project).

3. Create an integrated access map including definitive public rights of way and other linear and area public access.

Gloucestershire Local 13Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.2 MAINTENANCE

4.2.1 Introduction

4.2.1 The county council is responsible for the maintenance of the surface of public rights of way to a standard suitable for normal public use. In addition, it is also responsible for the maintenance of around 13,000 roadside signposts, countless waymarks, and has a significant role in looking after around 2,500 bridges supporting public rights of way.

4.2.1.2 Maintenance of the public rights of way network is carried out largely by the county council. Practical management of the public rights of way network is carried out by a team of Area Rights of Way Officers, each of whom covers half a district area (see Fig 2 below).

4.2.1.3 The county council also has partnerships with many town and parish councils whereby it offers an annual contribution to help to maintain and improve the routes in their parishes

4.2.1.4 Landowners also play an important part in the maintenance of many structures on the network, being responsible for the condition of any gates or stiles on public rights of way crossing their land. They are also responsible for reinstating paths after ploughing, for the control of crops on public rights of way and cutting back overhanging vegetation.

Gloucestershire Local 14Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.2.1.5 The maintenance standards for the network are based upon the national Best Value Performance Indicator (BVPI 178) which allows some measure of comparison between all Highway Authorities in England and Wales. The BVPI describes public rights of way that are “easy to use” as: • being signposted or waymarked where public rights of way leave the road in accordance with the authority’s duty under Section 27 of the Countryside Act 1968 and to the extent necessary to allow users to follow the path; • being free from unlawful obstructions and other interference (including overhanging vegetation) to the public’s right of passage; and • having surface and lawful barriers (e.g. stiles, gates) in good repair and to a standard necessary to enable the public to use the way without undue inconvenience.

4.2.1.6 The county council takes these responsibilities seriously. It will respond to customer reports about maintenance problems using the priority guidelines at appendix G. In addition there is an aspiration to take a more proactive approach in years to come – and the first step will be to build an asset register. (see section 4.4).

4.2.1.7 Gates, stiles and similar structures

A British Standard, BS5709 (revised 2001) has been introduced. It covers the provision of gaps, gates and stiles by landowners and land managers, and recommends specifications for stiles and other structures.

The county council will recommend installation of structures to this standard, while at the same time making a range of alternatives available. Furthermore, it will provide such structures to landowners and land managers at cost price and where appropriate make a contribution in recognition of our legal responsibility.

4.2.1.8 Surfaces

The county council will make every reasonable effort to keep the surface of public paths in reasonable repair for the normal public use they receive.

In addition, consultation showed that cyclists and horse riders are particularly concerned with surfacing issues. Cyclists and horse riders share bridleways but the horse rider’s needs for surfacing are rather different to cyclists. Horse riders prefer natural surfaces and cyclists prefer a firm made up surface. The county council will weigh up these concerns based on local knowledge to provide the most suitable and durable solution practicable.

4.2.1.9 Waymarking

Public footpaths and bridleways have been waymarked since the introduction of Countryside Commission initiatives of the 1970’s, which in turn followed the lead of US National Parks.

The yellow footpath and blue bridleway ‘waymark’ arrows are now a common sight in the countryside. Improved clarity of waymarking and signage on the ground would benefit both users and landowners.

The county council provides waymark discs with words as well as colours showing the status of the route. We will continue to provide basic instruction at request to volunteers and land managers as appropriate.

4.2.1.10 Roadside Signing

Gloucestershire Local 15Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Users requested the need to have appropriate signing to indicate whether the path is part of a named or circular route or a ‘cul-de-sac’ path. This is however a resource hungry task and should not detract from the wider goal of seeking to ensure paths are well signposted from the roadside in line with legal duties.

It is recognised that the issue of cul-de-sac paths and paths that allegedly go ‘nowhere’ is often more complex than at first it might seem. Many cul-de-sac paths have a destination, e.g. access to a well or a spring, or a purpose, e.g. access to a viewpoint or an interesting building, such as a church. Therefore as appropriate the county council will signpost these routes as cul de sacs.

The county council will continue to maintain the overall standard of path signage already largely in place throughout the county. It will also seek to find resources to continue the roadside indication of significant regional and local recreational routes to its specifications.

4.2.1.11 Bridges

The survey for the Milestones Statement of 1996 estimated that there exist some 2,500 footbridges and bridle bridges serving public rights of way in the county.

There is no single record of where these bridges are and there is no routine pro-active inspection regime. The large majority of these bridges are the responsibility of the highway authority. Many of them are constructed from treated softwood kits installed in the late 1980’s and early 1990’s under government supported schemes, and are coming to the end of their serviceable lives. There is a pressing need to record the location of all these structures and to have a system in place for their proactive management (see section 4.4).

These bridges are key assets on the network and require a substantial resource to keep them in proper repair. To illustrate this, the average timber kit footbridge costs the county council some £400 to provide and install, and will last about 12 years. This means that we ‘should’ be replacing around 200 bridges every year to keep up with the needs of the network, as far as we can currently assess them, coming to some £80,000 a year. Coupled to this the requirements of the new disability discrimination act suggests that perhaps some 20% of these bridges should be upgraded to a standard whereby all users may cross them. The average cost for a wider footbridge is at least £1000, pushing up the potential annual bill significantly. In a context where the total revenue works budget for all PROW activities runs at £190,000 (2005/06) this will be a challenge to manage without substantial additional support.

4.2.2 Core Activities

1. Concentrate available resources on maintaining the overall condition of the public rights of way network as measured through the BVPI 178 methodology, to a good, basic ‘bronze standard’, through responding to customer reports (and where possible by proactive maintenance and repair work) in line with legal duties.

2. Ensure that the signposting of public rights of way from roads continues to be carried out.

4.2.3 Recommended Practices

1. Adopt the revised Priority Guidelines at Appendix F for the resolution of customer reports.

Gloucestershire Local 16Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 2. Ensure that materials purchased for public rights of way maintenance purposes are, where possible, sourced locally to support the local economy, with the aim also of maximising the lifespan of structures to minimise future maintenance requirements.

3. Ensure the adoption of highway authority approved specifications and standards by all parties in the execution of their powers regarding the roadside signposting of public rights of way, with the Traffic Signs Regulations and General Directions 2002 providing the framework for county council specifications.

4.2.4 Potential Improvement Actions

1. When the legislation comes into force, re-sign all the remaining “Roads Used as Public Paths” as ”Restricted Byways” and use on site notices to explain the nature of the rights along them.

2. Seek opportunities to improve and expand our seasonal vegetation clearance programme.

Gloucestershire Local 17Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.3 ENFORCEMENT AND PROTECTION

4.3.1 Whilst the county council has a duty under the Highways Act 1980 to assert and protect the public’s right to use public rights of way, that duty has to be carried out reasonably, proportionately and in accordance with the requirements of a whole raft of legislation and statutory guidance, including for example the Human Rights Act and the Government’s Enforcement Concordat.

4.3.2. The council also has to balance the objective of protecting and opening the public rights of way network with the level of resources available to it. The checks and balances contained in the prosecutions process mean that embarking on such statutory action cannot provide instant resolution of obstructions and other practical problems. Further it is an outwardly slow and gradual process, taking a fair amount of officer time. There is, therefore, a balance to be struck in each particular case between the council’s duties and powers, and consideration as to how the public’s interest would best be served.

4.3.3 The county council will in almost every case adopt an approach of negotiation to resolve problems. It is only after such attempts fail that enforcement or prosecution will be considered. Prosecution is usually the last resort and will never be actioned lightly.

4.3.4 An area of vulnerability the council faces in carrying out its powers and duties under the Highways Act, as amended, is where any member of the public can serve a notice on the authority for the highway being out of repair, (section 56 of the Highways Act 1980), or where the highway is obstructed, (section 130a of the Highways Act 1980 as introduced by the CROW Act 2000). Service of such notices, may, even if relating to a trivial matter, force the authority to act in a way that may not be the most efficient use of officer time or be particularly cost effective.

4.3.5 There is a need for some acceptance that it is not always realistic for the county council to fully comply with the statutory duty to keep all paths in an easy to use condition in all parts of Gloucestershire all of the time.

4.3.6 The county council has developed a robust process to assess when and how to deal with the repetitive ploughing, cropping and obstruction of public rights of way in the county. The Public Rights of Way Team works to foster good relations with landowners and land managers and to promote awareness of good practice. Officers seek to resolve issues through negotiation and co-operation. However where compliance cannot be achieved, a range of formal actions are available for consideration.

4.3.7 The process that follows face to face negotiations begins with written warnings setting out the steps required to comply with legal requirements, and may be followed by a variety of legal notices to enforce the resolution of problems. Notices require that an offender overcomes a problem and usually allows the authority to take the action itself and to recover costs from the perpetrator where they fail to comply.

4.3.8 A final step is prosecution, which will only be authorised after due consideration of the adequacy of the evidence, and which must provide a realistic prospect of conviction. The ‘evidential test’ of the Code for Crown Prosecutors must be met and proper consideration given to the ‘Public Interest’ test to satisfy the need to prosecute the case. The authority will exercise its discretion in enforcement matters having regard to all the circumstances of the case. Press releases will detail all successful prosecutions in order to increase the deterrent effect of such actions.

Gloucestershire Local 18Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.3.9 Recommended practices

1. Continue current policies for dealing with ploughing and cropping obstructions and general enforcement action and prosecution of repeat offenders.

2. Continue to use a robust but fair approach as outlined above and recognise the important deterrent effect of prosecutions.

Gloucestershire Local 19Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.4 THE CONDITION OF THE PUBLIC RIGHTS OF WAY NETWORK

4.4.1 The adequacy of current information on network condition.

4.4.1.1 A significant limitation to the county council’s ability to effectively and responsively manage the 3430 mile network is the absence of any asset register or infrastructure database. For example, we have something like 2500 bridges on the path network – but no comprehensive record of where they all exist, or their condition. In order to more effectively manage the network it is imperative that an asset register is collated as a first step.

4.4.1.2 The county council is developing an electronic public rights of way database management system as part of a wider highways management system. During 2006 it is intended that this will become operable and as a consequence it will be desirable to populate the database with up to date information about the network. Given this, consideration is now being given to undertaking a network wide condition survey both to assess the condition of the network and to allow the future proactive management of the network.

4.4.2 Best Value Performance Indicator (BVPI) 178

4.4.2.1 In an attempt to standardise the way in which local authorities measure the extent to which their public rights of way network is easy to use, and to allow comparisons and the development of ‘league tables of performance’, the national Best Value Performance Indicator (BVPI) 178 was developed. The Audit Commission requires that local authorities survey a random sample of their network twice a year. In total, this annual survey should cover at least 5%, (in length), of the total network. The BVPI 178 methodology requires all local authorities to measure a range of elements, including: signing, stiles and gates, bridges, surfaces, obstructions. If a particular path fails the survey on any of the elements, it fails overall.

4.4.2.2 The merged results of the three year period between 2002/03 and 2005/06 gives a picture of the condition of the network, with some 64% of paths rated as ‘easy to use’ on the basis of the three annual 5% surveys.

4.4.2.3 Analysis of these figures puts the condition of the public rights of way network in Gloucestershire into perspective, namely that just under two thirds of the network is easy to use. Further, when the figures are broken down it can be seen that just over 80% of the network is free of obstruction.

4.4.2.4 It should be noted that the BVPI survey covers just 5% of the county’s path network in two surveys, once in May and the other in November, and is significantly affected by seasonal factors. The statistical ‘confidence level’ is approximately 10%, meaning there is the possibility that any one annual survey ‘result’ could, in the most extreme case, be some 10% different from any other survey and this difference accounted for purely by statistical variation.

4.4.2.5 The BVPI score forms one of the block of scores for ‘cultural’ provision that includes library and other amenity provision and is thereby a component part of the annual Comprehensive Performance Assessment made by the government.

4.4.3 Inspections of public rights of way

4.4.3.1 A condition survey was undertaken in 1995 and it resulted in the inspection of 38%, over one thousand miles, of Gloucestershire’s public rights of way network. The survey, which was undertaken by twelve officers with the assistance of some thirty volunteers, cost approximately £11,000 in

Gloucestershire Local 20Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 addition to staff costs. Since that time resources have not been available to carry out such a comprehensive inspection of the path network or to update the original information collected.

4.4.3.2 Currently the county council operates a “reactive inspection” regime of public rights of way, whereby inspections are in effect undertaken by parish councils and users, who encounter difficulties and subsequently contact the highway authority. The area rights of way officers then prioritise the deficiency reports received in accordance with the guidelines attached at Annex F. It is imperative that cores of area officers, currently two per district, are in post to enable these reports to be satisfactorily managed.

4.4.3.3 If at some future point resources do become available to introduce a proactive inspection regime it is anticipated, because of the length of the path network, that it might still not be practical for all paths to be inspected on a regular basis. One approach might be for the county council to adopt a regime which categorises paths into some sort of hierarchy. With functional paths, e.g. routes to school, work and the shops, being subject to regular inspections, while other paths, e.g. national trails, being inspected slightly less regularly, and so on. However, the vast majority would probably continue to be dealt with on the basis of user reports, i.e. reactive inspections. Such an approach would be in line with the hierarchy set out in the “Priority Guidelines for Maintenance and Protection”.

4.4.4 Core activities

1. The necessary first stage of the process is a compilation of an asset database to allow the county council to assess the extent of its assets and liabilities.

2. Whilst noting the value of the current reactive inspection regime, the county council should seek opportunities to establish some sort of proactive inspection regime.

4.4.5 Recommended Practices

1. Currently the county council operates a “reactive inspection” regime of public rights of way, whereby inspections are in effect undertaken by parish councils and users, who encounter difficulties and subsequently contact the highway authority.

4.4.5 Potential Improvement Actions

1. Produce an asset register, detailing all access infrastructure, for more effective management of the public rights of way and access land network, through proactive structured survey work by rights of way staff and volunteers where appropriate. It is recommended that this work be undertaken in a single period to provide the best quality information and to enable the electronic data management system to be meaningfully populated. Although this will cause a reduction in the service provided, for a number of months, the benefit of gathering such information will be considerable.

2. Look for opportunities to establish an inspection regime for high priority paths, the urban and rural functional network, whereby these paths are inspected on a regular basis. This would help to manage the risk of claims against the county council and tie in with the network inspection regime established for highways shown on the list of streets.

Gloucestershire Local 21Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.5 THE NEW ACCESS RIGHTS

4.5.1 Introduction

4.5.1.1 - There are 3700 hectares of newly mapped “access land”, made up of 370 identifiable areas, shown on the conclusive map of registered common land and open country published in October 2005 by the Countryside Agency.

4.5.1.2 As local highway authority, the county council is defined as the ‘access authority’ under the provisions of Part 1 of the CROW Act 2000. The provisions of the act make it clear that the access authority has a range of powers, rather than duties, which the government is looking to access authorities to take up. These mainly relate to providing the means of access and signing the new CROW access land. In addition, public expectations have been raised that access authorities will be able to offer advice and help to land managers in particular, and to the public in general in relation to access land.

4.5.1.3 Some areas of mapped access land have been accessible for many years. Some are already managed for public access, and enjoy existing public access rights. This land is termed ‘Section 15 land’ and includes such areas as Cleeve Common and Selsley Common. Management of these areas of land will continue to be delivered as in the past. The county council will not have any additional responsibilities as a result of the designation of these areas of land on access maps.

4.5.1.4 In order to manage the new access rights as effectively as possible, a system for prioritising the areas of access land has been established, in consultation with the Gloucestershire Local Access Forum, (see Annex F for more details). In summary, health and safety, biodiversity and accessibility to the public are some of the main considerations that have taken into account.

4.5.1.5 The Forestry Commission manages the Statutory Forest of Dean and allows access to most areas by many users. It has established a substantial network of cycle routes and horse riding trails. This land will be dedicated as access land under section 16 of the CROW Act and Gloucestershire County Council will become the access authority for the area. The Forestry Commission is also expecting to dedicate all of its remaining freehold estate. In total, this will add more than 10,000 hectares of land to the access authority’s sphere of statutory responsibility.

4.5.1.6 There exist opportunities for joint working to establish routes for many types of user where links can be made between Forestry Commission land and the wider public rights of way network. There will also be similar access improvement opportunities on some larger access land sites closer to population centres.

4.5.1.7 There may also be an opportunity to become part of a research project led by the Countryside Agency that will look into the possibility of providing area access on a more coherent basis.

4.5.2 Recommended practices

1. Adopt Access Land Priority Guidelines, as set out in Annex E.

2. Take advantage of government grants to assist with the provision of a means of access to access land, i.e. a gap, gate or stile, where landowner and/or site manager request assistance, or for

Gloucestershire Local 22Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 providing signage on and near access land, emphasising the rights and responsibilities of users, within resources available.

3. Seek opportunities to secure core funding for the long-term management and maintenance work associated with the new access rights.

4. If the Secretary of State decides to extend the right of access to coastal land, in accordance with s.3 of CROW2000, make clear the specific challenges associated with the tidal estuary and the particular issues of nature conservation and user safety.

5. Seek opportunities to address the fragmented nature of the access asset.

Gloucestershire Local 23Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.6 PROMOTED WALKS AND RIDES

4.6.1 There are a great number of locally promoted walks and rides and many routes have already been identified for inclusion on the website and for promotion via the Map Digitisation Project. The map digitisation project is aiming to digitise the majority of promoted walks and rides to make information about them easily accessible to local people and visitors through an interactive website.

4.6.2 Promotion - inadequacies of existing walking guides and leaflets

4.6.3.1 There is a great deal of promotional material, particularly walking guides and leaflets, usually generated by private individuals and commercial publishers. Much of the promoted material currently available is primarily focussed on the needs of able-bodied walkers. Many users and particularly non- users lack the confidence or background knowledge to use the countryside and public rights of way network on their own. Many of these route guides contain insufficient information for users to make an adequate assessment of the routes accessibility to less able-bodied users.

4.6.4 Promoted walking routes

4.6.4.1 There are three high profile National Trails running through parts of the county, namely the Offa’s Dyke Path, the Thames Path and the Cotswold Way. Because the funding arrangements for these routes mean they receive grant aid from the Countryside Agency, they are maintained to a rather higher standard than other promoted paths in the county, which receive no specific funding.

4.6.4.2 The Cotswold Way is being developed with support from the Countryside Agency and though it runs mainly in Gloucestershire, it also passes through Bath and Northeast Somerset Council, South Gloucestershire Council and Worcestershire County Council areas. It is due to be launched in Spring 2007.

4.6.4.3 The Thames Path, that runs from near Coates via the Cotswold Water Park to Lechlade, repeatedly crossing the boundary between Wiltshire and Gloucestershire, and then on via Oxford to London.

4.6.4.4 The Offa’s Dyke Path begins at Sedbury Cliff, just east of Chepstow, on the Gloucestershire side of the River Wye, and runs north to Monmouth and on to Prestatyn on the north Wales coast.

4.6.4.5 All three national trails receive grant assistance towards their maintenance from the Countryside Agency.

4.6.4.6 Dedicated teams of staff funded by the Countryside Agency manage the two trails running solely in England, and these teams have requested that the county council aspire to maintaining the routes to the standards set out in the publication ‘Quality Standards for National Trails’. Where external funding is available the county council will therefore seek to work towards these guidelines for these trails.

4.6.5 Promoted horseriding routes

4.6.5.1 Recreational horseriding is now recognized as a significant element of the rural tourism economy. In recognition of this DEFRA have been developing a “Horse Industry Strategy”.

Gloucestershire Local 24Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.6.5.2 The main horseriding route passing through the county is the Sabrina Way, established by the British Horse Society in 2002. There is also a network of hard surfaced off-road routes provided within the Forest of Dean by the Forestry Commission.

4.6.5.3 An organisation called Bridle Rides provides an innovative service to those wishing to ride. They help people to ride their own horses on networks of bridleways by researching and designing routes, and arranging good accommodation for riders and horses.

4.6.5.4 Where appropriate, the county council will support the provision of promoted bridle routes by offering to proof read publications and where resources permit assisting with such routes during their development.

4.6.6 Promoted cycling routes

4.6.6.1 Gloucestershire has parts of several Sustrans cycle routes including NCN 41 and 45 running through the county. In addition, a number of local projects have converted both county council owned land and footpaths to cycle paths for local use.

4.6.6.2 The county council will work with project partners on joint schemes where resources are available to develop cycle routes where there is a distinct benefit to local users.

4.6.7 Recommended Practices

1. As staff resources allow, offer a proof reading facility to those producing new walking, riding and cycling guides affecting rights of way or access land in the county.

2. Adopt the benchmark ‘Quality Standards for National Trails’ (Countryside Agency 2004) countywide as it applies to the two all-English national trails in the county and take advantage of Countryside Agency funding to maintain national trails to a high standard.

4.6.8 Potential Improvement Actions

1. Ensure promoted routes that are recognised by the highway authority are clearly named on roadside signarms.

2. Take advantage of funding opportunities to record all currently available approved national trails and regional routes and disabled access routes on GCC’s website mapping.

Gloucestershire Local 25Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.7 LAND MANAGER LIAISON

4.7.1 Gloucestershire’s countryside is a working, dynamic place with the landscape enjoyed by many being the product of the efforts of many generations of landowners and land managers. These landowners and land managers have an important part to play in protecting and maintaining access to the countryside whether through the statutory path network or permissive access.

4.7.2 Support of land managers is essential to facilitate any improvements that might arise from this Plan. Gloucestershire County Council will secure improvements to the public rights of way network by agreement wherever possible, and will continue to seek the support of landowners and land managers for substantial schemes.

4.7.3 Permissive and statutory access

4.7.3.1 During the consultation, some users felt that more permissive access should be provided. Others felt that access should always be a legal right and that there should not be too great a reliance placed on permissive agreements.

4.7.3.2 The CROW Act provides incentives to create new access land. Further, future changes in financial support and agri-environment schemes may encourage landowners to provide a range of new access opportunities.

4.7.4 Integrating agricultural management and public access

4.7.4.1 In responses to the draft ROWIP, land managers showed concern about integrating cropping/cultivation and livestock management with public access on their land.

4.7.4.2 Both horse riders and dog owners reported through the consultation process that they had experienced conflicts with grazing horses where bridleways pass through paddocks. For some users these conflicts with livestock were more difficult to deal with than overgrown vegetation or obstructions.

4.7.4.3 These matters provide council officers with considerable challenges which will not always be achievable without compromise on both sides.

4.7.5 The new countryside code

4.7.5.1 The new Countryside Code launched in July 2004 may be used as a vehicle for working with landowners and users to resolve access conflicts. The new code has three key points for landowners and five for visitors. In summary, it promotes a sense of shared responsibility.

4.7.5.2 In addition during March 2005 the Countryside Agency, in conjunction with both the National Farmers Union (NFU) and the Country Land and Business Association (CLA), published a new edition of ‘Managing Public Access’, a key document aimed at better informing landowners and land managers as to their rights and responsibilities. The county council intends to stock this publication and to make it available to landowners and land managers wherever appropriate.

4.7.6 The county council’s rural estates

4.7.6.1 A survey of the condition of public rights of way on the county council’s rural estates in spring 2004 found that a significant number of paths were not ‘easy to use’ and that work was needed to bring about improvements in the management of these paths. This will build on work done with the

Gloucestershire Local 26Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 county council’s rural team in the mid 1990’s to raise awareness of public rights of way among new and existing tenant farmers.

4.7.7 Land owner and manager concerns

4.7.7.1 Specific land manager concerns voiced via the Country Land and Business Association (CLA) during the draft ROWIP consultation included the blocking of gateways by visitors’ parked cars. This may be partly overcome by parish councils and others making visitors aware of existing car parking facilities to visitors, particularly during the summer. The county council would like to encourage such community-spirited car parking provision where practical.

4.7.8 Core activities

1. Assist land managers with suitable signage to help manage existing access opportunities (e.g. provision of ‘dogs under control’ signs).

4.7.8 Recommended Practices

1. Gloucestershire County Council as a significant rural estate owner will work closely with its tenant farmers in improving the public rights of way network on the council’s rural estate.

2. Raise landowner’s and land manager’s awareness of the importance of public rights of way and public access to land, and where opportunities and resources allow, work with them to develop new access schemes.

3. Encourage parish councils, village hall committees and other landowners to offer car-parking facilities to help alleviate the issue of gates being blocked by visitors’ parked cars.

Gloucestershire Local 27Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.8 PERMISSIVE COUNTRYSIDE ACCESS

4.8.1 The overall suite of countryside and heritage sites within the county is an important asset that influences health and well being, businesses, house prices, tourism and the wider rural economy.

4.8.2 Permissive access on county council managed sites

4.8.2.1 The county council manages five countryside sites ranging from the largest, Crickley Hill Country Park, that attracts in excess of 750,000 people a year, to the picnic areas at Kilkenny and Coaley Peak. They represent an important and high profile part of the wider county estate.

4.8.2.2 These sites have been acquired over a period of 40 years for a variety of reasons which includes protection of important, rare and threatened species and habitats, protection of historic sites and to provide public access to, and experience and enjoyment of, wildlife, heritage and countryside.

4.8.2.3 Similar to other local authority managed sites within the county, these areas play an important role in demonstrating integrated environmental management in practice, protecting and conserving the heritage and ecology, as well as providing good public access.

4.8.2.4 The 2002 PROW and Countryside Sites Best Value Review recommended considering passing the responsibility for the management of these sites to the PROW team. While there remain arguments for such a move, this is not an area currently under active consideration.

4.8.3 DEFRA schemes

4.8.3.1 DEFRA also engages with local landowners to provide permissive access on a smaller scale through its Countryside Stewardship Scheme. Some 120 areas of land in England are made available to walkers and/or riders through this initiative.

4.8.3.2 DEFRA is introducing a new scheme, the Environmental Stewardship Scheme as part of its Single Farm Payments initiative which also aims to combine additional public access with environmental improvements.

4.8.4 Recommended Practice

1. The county council will promote the permissive access opportunities provided through both the Environmental Stewardship Scheme and through its own network of sites and encourage the adoption of BS5709 (2001) to maximise accessibility of these sites to the wider public.

Gloucestershire Local 28Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.9. VOLUNTARY INVOLVEMENT AND COMMUNITY PARTICIPATION

4.9.1 Introduction Gloucestershire County Council has long worked closely with volunteers, both from organised bodies, and as individuals. They form a key part of the delivery of the public rights of way service.

4.9.2 This aspect of the plan highlights the importance of establishing partnerships and developing links with, and supporting local communities. This can be broken down into: community schemes, such as parish and town council initiatives; countryside management projects; and voluntary organisations. Specific groups include the British Trust for Conservation Volunteers, the Cotswolds Voluntary Wardens Service, the North Dean Rights of Way Association, the Newent Initiative, the Ramblers Association work parties, Gloucester Vale Conservation Volunteers and Tewkesbury Walking Club.

4.9.3 Value of local partnerships We continue to see great value in entering into local partnerships, which can be an effective vehicle to achieve the enhancement of the local environment. They offer:

• A means to establish better communications with local people and engender goodwill • Access to funding sources • Ensure long term sustainability of the resource • Galvanise voluntary effort • Increase public awareness, commitment and action • Makes use of local skills, knowledge, expertise and contacts • Gives people greater control over decisions about their environment and creates solutions, which reflect community need.

4.9.4 Core activities

1. Encourage, support and celebrate the work of volunteers through provision of tools and training, activities, and grants.

4.9.5 Recommended Practices

1. Support community groups in assisting with identifying funding opportunities and developing projects, which accord with shared priorities.

Gloucestershire Local 29Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.10 PARTNERSHIP WORKING AND SHARED PRIORITIES

4.10.1 The delivery of a final countryside access and rights of way improvement plan and any future implementation will be dependent on the county council continuing to work with others and developing effective partnerships at many levels. There is a need to recognise the importance of identifying shared priorities with a wide range of partners.

4.10.2 Key partner organisations

• British Waterways • Business Link • Cotswold Water Park • Cotswolds Canals Trust • Cotswolds Conservation Board • DEFRA, ADAS and FWAG • District Councils • Environment Agency • Forestry Commission • Gloucestershire Wildlife Trust • Landowning bodies e.g. National Farmers Union, Country Land and Business Association • Malvern Hills AONB • National Trust • Natural England (Countryside Agency/English Nature/ part of the Rural Development Service) • Parish and Town Councils • Severn Estuary Partnership • Stroud Valleys Project • Sustrans • User bodies e.g. Ramblers Association, British Horse Society, Cyclists Touring Club • Woodland Trust • Wye Valley AONB

4.10.3 Working with other “environmental” organisations

4.10.3.1 One of Gloucestershire’s strengths is the number of organisations interested in the environment. They help deliver the council’s targeted outputs in a wide range of countryside activities, including developing recreational routes, managing and developing sites and access land, rural regeneration, tourism, promotion and conservation tasks. In addition to having local knowledge and skills, some of these organisations have access to funding streams unavailable to local authorities.

4.10.4 Working with neighbouring authorities

4.10.4.1 The Gloucestershire ROWIP actions are linked to some of those of neighbouring authorities since improvements have to be made across boundaries. Neighbouring highway authorities include: Monmouthshire, Herefordshire, Worcestershire, Warwickshire, Oxfordshire, Wiltshire, Swindon and South Gloucestershire. In addition in some cases, it will be appropriate to work with local authorities, government agencies and other organisations on a regional basis.

4.10.4.2 The county council also works closely with neighbouring authorities in managing the three national trails that pass into its borders through Countryside Agency and Countryside Council for Wales led management arrangements.

Gloucestershire Local 30Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 4.10.5 Working with local businesses

4.10.5.1 There are considerable opportunities to work with local businesses in Gloucestershire to enhance, develop and improve access provision. There are mutual benefits and this could go some way to making a real contribution to the rural economy and improving the recreational experiences for many users.

4.10.6 Key future developments

4.10.6.1 Key developments include the ongoing work to develop the Cotswold Canals that received notification of an £18m lottery grant during January 2006. As part of the development, the Cotswold Canals Trust would like to see the development of canal side recreational routes.

4.10.6.2 The Cotswold Water Park is also key provider of recreational opportunities within the county, and new opportunities will arise due to the extension of minerals extraction in the south east of the county and the ongoing development of sites for recreation and housing. It is important that we are closely involved in these developments to maximise the potential benefit to the county.

4.10.6 Recommended Practices

1. Explore opportunities for joint working with other organisations and departments where the network may be improved in a cost effective way, whilst ensuring that overall management control is retained in line with the authority’s overall legal responsibility for the highway network.

2. Work in partnership with neighbouring and other local authorities, agencies and organisations to ensure a co-ordinated approach and aid the delivery of shared priorities whether at a local or regional level.

3. Work with partners and other council directorates to ensure that the ROWIP is, where possible and appropriate, synchronised and incorporated with other appropriate strategies.

4. Help co-ordinate partnership working including fostering existing and developing new partnerships.

5. Focus attention on working with key partners, such as the Cotswolds Canals Trust, the Forestry Commission and the Cotswold Water Park to establish good quality recreational paths as appropriate.

Gloucestershire Local 31Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 5. PROVISION FOR USERS

5.1. USERS WITH LIMITED MOBILITY

5.1.1 Section 69 of the Countryside and Rights of Way Act places a new duty on the authority to have regard to the needs of people with mobility problems when authorising the erection of barriers on footpaths or bridleways, established under section 147 of the Highways Act 1980. It empowers the council to make agreements with owners, lessees and occupiers of land for works to replace or improve structures, such as stiles or gates, to make them safer or more convenient for people with mobility problems. This amendment to the Highways Act 1980 reflects the practice over recent years of many authorities, including Gloucestershire County Council.

5.1.2 The Countryside and Rights of Way Act specifically requires the county council to assess the needs of blind or partially sighted people and others with mobility problems. Local authorities also have new duties under the Disability Discrimination Act 2005. People with mobility problems can include the elderly, people with disabilities or those with young children and pushchairs. Family and friends who accompany people with mobility problems are also affected by the accessibility of the network.

5.1.3 The Disability Discrimination Act places duties on all service providers to accommodate these aspirations. The Act does not require the county council to change the nature of its business, but it does require that we operate equitably and without discrimination against people with disabilities.

5.1.4 The Countryside Agency document “By All Reasonable Means” was published late in 2005. It is a guide that aims to assist countryside and land managers in provision of access for the less able. The county council will work with these new provisions where possible to make assessments of the needs of local users before embarking on large scale improvements.

5.1.5 The consultation response from Gloucestershire Lifestyles, a representative group for people with disabilities to the draft ROWIP suggested we promote routes for disabled users, including those for wheelchair users, as well as saying we should use the term ‘access for all’, the official government term for these improvements.

Gloucestershire Local 32Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5. 2 WALKERS

5.2.1 The public rights of way network in Gloucestershire is used mainly for walking, and 73% of a large representative sample of local residents surveyed in autumn 2002 for the Best Value review said they used the Gloucestershire public rights of way network at least once a month. Walkers are also the single class of users able to take advantage of all types of public right of way.

5.2.2 Consultation responses were received from both the Gloucestershire Ramblers Association and the Cirencester group, along with Dursley Rambling Club. Concerns centred on a wide range of issues, from getting the modification order backlog up to date by 2010, to revising the public path order priority guidelines, but with some focus on getting the core network into a good useable condition and the provision of a good web-based map of public rights of way to the public.

5.2.3 A number of walkers also responded to the draft and their responses covered a wide range of themes, however the emphasis at the core of their representations was that we should focus our efforts on keeping the network open and maintaining it to a good standard.

5.2.5 Gloucestershire County Council is developing a walking strategy. The walking strategy, which focuses on the functional use of urban paths, will complement both initiatives such as school travel plans, and central government initiatives.

5.2.4 The density of the entire rights of way network is shown on a parish by parish basis above.

Gloucestershire Local 33Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5.3 HORSE RIDERS AND CARRIAGE DRIVERS

5.3. Gloucestershire equestrians feel that the bridleway network in the county was highly fragmented. In addition, bridleways sometimes change status at the parish or the county boundary resulting in “cul de sac” routes.

5.3.2 Local riding for disabled centres, riding schools and stables would all benefit from improved safer links to the local public rights of way network. Road safety concerns were important to local horse riders.

5.3.3 A British Horse Industry Confederation document identifies that a well-maintained public rights of way network along with open access provision is essential in meeting the aspirations of the industry.

5.3.4 Carriage drivers are a group that may well benefit from the blanket reclassification of RUPPs as Restricted Byways. While carriage driving is a popular pastime in some other counties, it is not a significant activity currently in Gloucestershire.

5.3.5 In its response to the draft ROWIP the British Horse Society focussed on improving existing lawful routes for all riders and additional provision of routes where possible, including multi-use paths. It urged the provision of horse-friendly surfaces and better road crossings where practicable.

5.3.6 The density of the bridleway network shown below is particularly low in the Forest of Dean district of the county, with some areas where there are no bridleways at all, and with sporadic high densities in parishes such as Uley, Kingscote and Prescott.

Gloucestershire Local 34Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5.3.7 However the density of the RUPP and BOAT networks is also very variable, with most parishes having none of these categories of public right of way shown on the definitive map, while a small number have many, e.g. Hewelsfield and Didmarton (see below).

Gloucestershire Local 35Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5.4 CYCLISTS

5.4.1 The Countryside Agency’s Public Rights Of Way Use And Demand Survey showed that 23% of households had at least one member who participated in cycling in the countryside in the previous year. They also found that 32% of households said they would increase cycling as an activity if more provision was available.

5.4.2 The most common needs for local cyclists are good routes that are safe, attractive and relevant for users. These should have good surfaces, be well signed and avoid heavy traffic. Cycling is considered to be beneficial as both a mode of transport and as a healthy form of exercise.

5.4.3 Better direct cycle links from towns could reduce the amount of car traffic in the countryside. Public transport links, from the urban fringe to the countryside, which can accommodate cycles, would also benefit users.

5.4.4 The Cyclists Touring Club Off-road response suggested that there should be a greater emphasis on looking after routes that provided for higher rights, since they provide for all users, as well as better promotion of walking and cycling provision.

5.4.5 The county council is drawing up a cycling strategy as part of its revised Local Transport Plan, which will focus mainly on provision of cycle paths and routes for functional use.

5.4.6 Gloucestershire County Council will support where practicable the development of cycling schemes that are well thought out and fit into the wider transport network.

Gloucestershire Local 36Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5.5 RECREATIONAL MOTOR VEHICLE USERS

5.5.1 There was little in the consultation feedback that suggests that we should encourage motor vehicles to more widely use the public rights of way network. However some respondents did feel that we should provide for them where use is legitimate and responsibly taken up.

5.5.2 The public rights of way that are, with certainty, legally available to recreational motor vehicles are those routes classified as Byways Open to All Traffic (BOATs). There are currently only a small number of BOATs in Gloucestershire, but we have received a large number of applications over the last few months for routes to be upgraded to BOAT status through the modification order process. The forthcoming NERC Act (see 4.1.3.6) may well curtail attempts by vehicle users to have these routes reclassified to vehicular status. Therefore recreational vehicle use may well in future become focussed on the unclassified unsurfaced road network.

5.5.3 Public rights of way available for motorised vehicular users are often also important to walkers, horse riders, carriage drivers and cyclists. They can provide links in the network of other paths to complete networks and routes. Vehicular public rights of way can also be important to users with mobility problems.

5.5.4 In making improvements for non-motorised users, authorities shouldn’t disadvantage legitimate motorised use. Proactive management to deal with the issues of proper recording of rights, maintenance and shared use can bring benefits to all users.

5.5.5 Where applications are made for the holding of motor vehicle trials and rallies that affect public rights of way, assent will usually be given with a range of conditions and where necessary with requisite temporary closures in place to safeguard lawful users.

Gloucestershire Local 37Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5.6 SOCIAL INCLUSION

5.6.1 DEFRA announced a Rural Strategy during 2004 which is intended to set the framework for the Government’s rural policy for the next 3-5 years. It states that the vision of a living, working, protected and vibrant countryside remains at the heart of rural policy. The Rural Strategy 2004 identifies three key priorities for rural policy: • Economic and Social Regeneration • Social Justice for All • Enhancing the Value of our Countryside Sustainable development underpins all of these policies and their delivery arrangements.

5.6.2 Social exclusion is the result of a number of factors, which combine to prevent individuals from benefiting from the opportunities that most people take for granted. These factors include low income, poor health, inadequate housing, lack of education and training, difficulties in reaching services and no involvement in decisions, which affect their future.

5.6.3 Gloucestershire is a relatively wealthy county but has very significant areas of deprivation in parts of Gloucester and Cheltenham. Pockets of deprivation can also be found right across the county sometimes hidden in rural villages, which might appear wealthy on the outside at first glance. More details of quality of life indicators and data on multiple deprivations can be found in the appendices of the Gloucestershire Community Strategy.

Gloucestershire Local 38Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 5.7 UNDERSTANDING PRESENT AND FUTURE NEEDS OF USERS

5.7.1 In making assessments under section 60(1)(a) and 60(3)(a) of the CROW Act 2000, we have sought to consider the needs and circumstances of different classes and types of users and of wider interests relevant to the county. We have carried out preliminary and targeted consultations and research, building on the consultations undertaken in connection with the 2002 Best Value Review, to consider the adequacy of the existing network and any need for further provisions.

5.7.2 It is important that these proposals for improving public rights of way should not unduly benefit one class of user at the expense of another. In particular, improvements that are intended to benefit cyclists, carriage drivers, horse riders or walkers should not restrict lawful motorised use of public vehicular public rights of way.

5.7.3 In addition, horse riders and cyclists have expressed concern that the authority’s powers to manage the new access rights have the potential to further focus resources on the needs of walkers.

5.8 Recommended Practices

1. Ensure that all future works on public rights of way, access land and county council owned sites undertaken by the PROW team consider using the “least restrictive” structure, i.e. gap, gate, stile, and encourage landowners and land managers to do likewise, in line with BS5709 (2001) and the spirit of section 69 of the Countryside and Rights of Way Act 2000 and the new provisions in the Disability Discrimination Act.

2. Continue to focus resources on ensuring the basic existing network is brought up to a standard whereby it will pass the ‘ease of use’ test set by the government via the BVPI indicator. In other words, ensure that the entire existing path network reaches the “bronze standard”.

3. Work with planners and developers on development proposals and highways engineers on road improvement schemes and other decision makers to better inform them and develop solutions to reduce network severance and to provide new and improved infrastructure for local users.

4. Ensure sufficient widths for all users, particularly those with disabilities and, where bridleways and byways are concerned, horse riders are made available in any future route diversions and creations, where this is practicable and where the route is suitable.

5. Where opportunities arise and resources are made available, make appropriate improvements to the network based on identifiable user needs.

6. As opportunities allow, work with representatives of local disability groups and access professionals to evaluate proposals and to carry out local access audits.

7. Work with partners to promote the accessibility of routes and sites to people with limited mobility, using guidance provided in the publication “By All Reasonable Means”.

Gloucestershire Local 39Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

6. THE WIDER CONTEXT

6.1 INFORMATION AND COMMUNICATION

6.1.1 Existing provision

6.1.1.1 The county council produced a general information leaflet ‘A guide to public rights of way’ in 1998, which was revised for re-issue in 2002 and will be revised again during 2006. This is complemented by a wide range of Countryside Agency publications directed at educating everyone about the countryside and aimed at the public, parish councils and land managers. In addition some areas, rights of way officers have produced a district-specific leaflet containing basic information about the service, and we aim to produce similar leaflets targeting parish councils informing them about the service we provide.

6.1.1.2 The most recent edition of Grass Routes focussed on the new access rights and arrangements for the county. Grass Routes carries news and information about public rights of way, access and conservation issues and is posted to over 3500 people on a mailing list that includes landowners, tenant farmers, parish councils, volunteers and users. One of the main aims of the magazine is to encourage active involvement by volunteers, particularly at a parish level. Consultation responses suggested some keenness for the magazine to be retained.

6.1.1.3 A number of pages of information are provided on the county council website at www.gloucestershire.gov.uk .

6.1.2 While information provision is crucial to keeping members of the public and farming community informed about public rights of way and access generally, there is a considerable staff time input in maintaining and updating the information provided, particularly in circumstances where the law keeps being modified by the government.

6.1.3 Providing information to users can improve their understanding of the countryside and its long- term care. It also helps to increase the awareness of users and landowners and managers about their rights and responsibilities. Information is a key to encouraging visitors to an area and promoting the opportunities for them to both look after and enjoy the countryside through walking, cycling and horse riding, including responsible vehicle use where legitimate.

6.1.4 Consultation to date has demonstrated that information is provided in an uncoordinated way and does not give all types of user the confidence they need to try out new routes.

6.1.5 The Best Value Review identified a number of areas of information provision that could be improved – these include the targeting of landowners, as well as the provision of clearer information for users about how to get something done about a problem they encounter on a public right of way.

6.1.6 Core activities

1. Maintain a quality website to disseminate public rights of way and access information and guidance

2. Continue the production of Grass Routes as resources allow.

6.1.7 Potential Improvement Actions

1. Review information provision and current materials available

Gloucestershire Local 40Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.2 PERSONAL SAFETY

6.2.1 It is critical that the development of the network takes into account the personal and road safety of users as these issues can form a barrier to access. This reflects earlier consultation within the ROWIP, which noted that people were concerned about crime along some paths and that vandalism is a problem in some areas. In terms of road safety, community consultation for the ROWIP identified a real desire on the part of users to see improved crossings over major roads. While this is clearly desirable it falls outside the strict remit of the Rights of Way and Countryside Access Improvement Plan, and more clearly within the broader Local Transport Plan.

6.2.2 Providing opportunities for children to walk or cycle to school safely provides an opportunity for exercise and can help to establish good habits which will be continued into later life. Children walking or cycling to school can also reduce the traffic pressures on the roads near to their school, with both safety and environmental benefits. There have already been ‘Safe Routes to School’ initiatives in parts of Gloucestershire. An opportunity exists to develop the concept in other parts of the access network. Public rights of way may well form important parts of these routes and we will work closely with project partners in the delivery of such schemes, funding permitting.

6.2.3 It is desirable that the pedestrian, cycle and horse riding routes are integrated with the road network. This means ideally ensuring that the path network is cohesive and that where a route has to cross a busy road, a safe crossing point is provided where practicable.

6.2.4 It also means provision of well-maintained verges for horse riders and walkers especially where this provides links between sections of the public rights of way network. The danger to pedestrians, cyclists and horse riders from traffic is very real and it is important to reduce the risks. Access needs to be considered in the context of the Local Transport Plan. Where new developments are planned with increased traffic implications, their impact on any existing paths or road crossing points should be considered

6.2.5 Users felt that there is a need to reduce the negative effects of traffic on walkers, horse riders and cyclists throughout the county. For example, horse riders pointed out that riding schools and livery stables require safe access to the public rights of way network and wider countryside away from busy roads.

6.2.6 Functional use of PROW

6.2.6.1 Paths are not just for recreation. They can also be used to provide safe, traffic-free routes to schools and pubs, and for shopping and commuting. There needs to be better recognition of the functional use and value of some public rights of way.

6.2.6.2 The Department of Transport document ‘Developing a Walking Strategy’ identified “vehicle speed”, “increased traffic flow” and “fears for personal security” as major deterrents to journeys on foot in built up areas. Paths can provide traffic-free routes for pedestrians.

6.2.7 Potential Improvement Actions

1. Where resources are made available, work with project partners to develop “Safer Routes to Schools” projects and other functional route projects that benefit the wider community.

2. Where practicable safe crossing points should be established on busy roads particularly where functional and popular routes cross.

Gloucestershire Local 41Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 3. Road verges should be maintained to a standard whereby they are safe and available to horseriders and walkers where there is a demonstrable need.

Gloucestershire Local 42Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.3 EDUCATION AND AWARENESS

6.3.1 Overview

6.3.1.1 Every visit to the countryside, whether it be in a formal group or ‘walking the dog’, provides informal education and learning.

6.3.1.2 Comments in the consultation suggested that closer working with landowners and landowner representatives might help to improve matters on the ground for walkers and riders.

6.3.1.3 Consultees also highlighted the need for a more general education for users – to include issues such as litter, dogs, shutting gates, country code, and the responsible use of paths.

6.3.2 The “new” Countryside Code

6.3.2.1 The new Countryside Code for England was produced by the Countryside Agency and launched in July 2004. The Countryside Code has been revised and re-launched to reflect the introduction of new open access rights and changes in society over the last 20 years.

6.3.2.2 Countryside Code - advice for the public

• Be safe - plan ahead and follow any signs • Leave gates and property as you find them • Protect plants and animals, and take your litter home • Keep dogs under close control • Consider other people

6.3.2.3 Countryside Code - advice for land managers

Know your rights, responsibilities and liabilities: • Where can people go on your land? • What rules apply to people while they are on your land? • What are your rights and responsibilities towards people on your land? Make it easy for visitors to act responsibly. • How can you help people get access to your land responsibly and keep to the Countryside Code? • What help and advice can you get? Identify possible threats to visitor safety. • Are there any risks to the safety of people on your land, and how can you deal with these risks?

6.3.3 Recommended Practice

1. Work with partners to provide education and advice, including re-iterating the messages contained within the new Countryside Code, in a more co-ordinated way.

Gloucestershire Local 43Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.4 PLANNING

6.4.1 Structure Plan

6.4.1.1 The long-term land use and transport policies for the county are set out in Gloucestershire County Council Structure Plan. The county council adopted a Structure Plan in 1999, covering the period to 2011. In 2001, the Council updated this plan, to extend its life until 2016. The Structure Plan provides the framework for the more detailed and site-specific policies in Local Plans, which in turn have a significant impact on the ROWIP.

6.4.1.2 The Structure Plan aims to provide for sustainable growth and economic development whilst protecting and enhancing Gloucestershire's distinctive environment.

6.4.1.3 The Structure Plan will be replaced by the emerging Regional Spatial Strategy, (RSS), expected to be finalised in 2006. The county council are, at the time of writing, advising on the Joint Study Area work, which will feed into the Regional Spatial Strategy.

6.4.1.5 The RSS, together with Local Development Documents produced by District Councils, will constitute the new Development Plan. The County Structure Plan will continue to inform the preparation of the Local Plans and the new Local Development Frameworks, until such a time that the RSS is formally adopted.

6.4.2 Local Transport Plan

6.4.2.1 The Gloucestershire Local Transport Plan – of which this is a part - sets out the integrated transport strategy for Gloucestershire, and includes a walking strategy and a cycling strategy. See the section on Sustainable Transport.

6.4.3 Minerals and Waste Plans

6.4.3.1 Minerals and waste development can have a significant effect on the landscape and on the pattern of use of public rights of way. Where possible however it should be possible to take advantage of the minerals and waste planning process to improve the network of recreational routes in affected areas for the benefit of all users.

6.4.4 Recommended Practices

1. Take advantage of development control and planning measures to maximise the opportunities for an improved functional and recreational path and cycle track network

2. Take advantage of funding opportunities provided by the Local Transport Plan to improve the condition of the public rights of way network

3. Take advantage of the minerals and waste planning process to improve the network of recreational routes in affected areas for the benefit of all users

Gloucestershire Local 44Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.5. COMMUNITY SAFETY

6.5.1 Overview

6.5.1.1 The county council works with other bodies, particularly the police and local authorities to help create a safer county in which residents and visitors feel secure.

6.5.1.2 As with many areas of work, where problems are identified involving public rights of way, there is a need to work with and engage local communities in developing solutions and address what is directly relevant to people in their local setting.

6.5.2 Health and Safety

6.5.2.1 Health and Safety is a high priority for the county council. We are keen to comply with the requirements of health and safety legislation. It must be recognised that a sensible balance has to be struck between reducing unacceptable risks to officers and visitors, and managing those features of the public rights of way and access land network that make accessing the countryside enjoyable.

6.5.4 In the context of public health and safety, we will respond positively to requests from Network Rail where they wish to review those points where paths cross railways. The legislative framework allows for the diversion or extinguishment of such routes where no alternative can be secured, however the onus is on the land manager to make any such application.

6.5.5 It should also be possible using the planning and development processes and using the principles of good design (e.g. wide paths, well lit, with well maintained margins) to reduce the opportunities for crime and people’s fear of crime, as well as addressing highway safety issues.

6.5.6 Recommended practices

1. Encourage Network Rail to undertake safety audits of public rights of way crossing points on the railway network, and to prioritise any potential risk reduction measures, and where necessary utilise the powers that exist to divert or extinguish paths.

2. Seek to ensure that planning authorities properly integrate and upgrade paths, using the principles of good design (e.g. wide paths, well lit with well maintained margins) that are affected by development thereby avoiding the creation of new opportunities for crime to take place.

3. Ensure that user needs are taken into consideration when highway schemes impact on the public rights of way network, where necessary improving road crossing points, visibility splays etc.

Gloucestershire Local 45Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.6 HEALTH PROMOTION

6.6.1 The benefits of regular exercise to people are clear. Public rights of way and open spaces have an important part to play as a resource for people wanting to exercise through sport, play and recreation. The short definition of a healthy walk is: "a purposeful, brisk walk undertaken on a regular basis", and it can include any walk which is specifically designed and carried out for the purpose of improving an individual's health. Horse riding and cycling also provide distinct opportunities for good exercise.

6.6.2 Organised walks (brisk or not) can have a health impact on individuals by providing an opportunity to socialise (good social networks enhance health) and a distraction from everyday stresses (stress contributes to poor health).

6.6.3 Outdoor access provides excellent opportunities for people to be more active and so reduce the incidence of coronary heart disease, obesity and associated illnesses, which are costly to the health service. Informal use of public rights of way can play an important part in meeting the Department of Health “Game Plan” targets. New health initiatives might provide opportunities to try and secure alternative funding to improve routes for recuperative and preventative exercise and sport.

6.6.4 Problems associated with physical inactivity :Physical inactivity is a major contributor to many forms of ill health. The WHO (World Health Organisation) recommends regular walking and other activity to promote “good health, fitness and mental well being”.

6.6.5 Choosing Health The Government has published a white paper on improving public health in England. Entitled ‘Choosing Health’, it aims to make it easier for people to change their lifestyle so they eat more healthily, exercise more and smoke less. While people in the southwest of England tend to be slightly healthier than the rest of England, the latest statistics highlight why it is so important to focus on improving people’s health and well-being: • 41.7% of people in Avon, Gloucestershire and Wiltshire are now classified as obese or overweight. (2004)

6.6.6 The provision of a basic infrastructure of paths that can be used for healthy walking and riding is at the core of the work of the county council’s public rights of way team. Concentrating resources on providing a good basic network of public rights of way that users can access easily enables users to enjoy the opportunities that the network can provide.

6.6.7 While guided walks and rides as well as sponsored walks (e.g. the Meningitis Trust’s annual Five Valleys Walk) and rides clearly encourage use of public rights of way and give people the confidence to explore their locality further and to benefit from the exercise so provided, these are provided mainly through existing voluntary organisations, for example the Cotswold Voluntary Wardens, local Rotary Clubs and parish councils. We will continue to tackle those network problems highlighted to us by organisers of such activities.

Gloucestershire Local 46Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.7 BIODIVERSITY

6.7.1 Biodiversity Action Plan

6.7.1.1 The Gloucestershire Biodiversity Action Plan (BAP), produced in partnership with over 200 stakeholders, identified the actions to be taken to improve the future for Gloucestershire's biodiversity. The BAP has obvious links to the ROWIP given the public use and enjoyment of the natural environment. The BAP framework makes use of strong partnerships and shared priorities that already exist and which have the potential to make a positive difference.

6.7.1.2 Agriculture is the predominant land use in Gloucestershire, and farming practices have a significant effect on biodiversity and countryside access. With the advent of the single-farm payment it appears that environmental aims will continue to take on an even greater priority.

6.7.1.3 New developments planned in the county will place further pressures on existing habitats and access opportunities, but some, such as the Cotswolds Water Park, might also provide key opportunities for securing significant areas of habitat for improving biodiversity, which in turn can be enjoyed by members of the public. Both wildlife habitats and the public rights of way network need active management as neglect or poor management can rapidly lead to the loss of biodiversity value and reduce ease of use.

6.7.2 Natural Environment and Rural Communities Bill The forthcoming Natural Environment and Rural Communities Bill proposes the extension of the CROW biodiversity duty to public bodies and statutory undertakers to ensure due regard to the conservation of biodiversity.

6.7.3 Recommended practices

1. The PROW team will seek to fully meet their responsibilities set out it the overall Highways Maintenance Biodiversity Action Plan and in line with legal duties.

2. The PROW team will work closely with English Nature (and their successor body) and the county ecologist on schemes that significantly impact on SSSIs.

Gloucestershire Local 47Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.8 GLOUCESTERSHIRE LOCAL ACCESS FORUM

6.8.1 Overview 6.8.1.1 The GLAF is a statutory advisory body to the county council set up under the Countryside and Rights of Way Act 2000. Its principle remit is to advise the council on ‘the improvement of access in its area’, though it also has a role in advising the Countryside Agency and its successor body.

6.8.1.2 Gloucestershire County Council has involved the Gloucestershire Local Access Forum (GLAF) in the production of this ROWIP.

6.8.1.3 The Gloucestershire Local Access Forum will continue to assist with dialogue on ROWIP matters through their network of contacts with national, regional and local organisations. Through their diversity of experience and interests, they will continue to provide practical advice on how the network could be improved for different types of users and in the interests of land management.

6.8.1.4 The Forum will be a useful sounding board for the county council to use when setting priorities for implementation of the ROWIP and monitoring reviewing progress.

6.8.2 Recommended practices

1. The Public Rights of Way Team to work closely with the Gloucestershire Local Access Forum on strategic ROWIP matters.

2. Involve the GLAF in the consideration of issues of access to “open countryside” such as temporary restriction applications.

3. Take advantage of practical and strategic advice offered by the GLAF through their diversity of experience and interests on how the network may be improved for different types of users and in the interests of land management.

4. Use the GLAF as a sounding board for the council to use when setting priorities for implementation of the ROWIP and monitoring and reviewing progress.

Gloucestershire Local 48Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.9. SUSTAINABLE TRANSPORT

6.9.1 The Gloucestershire Local Transport Plan (LTP)

6.9.1.1 The LTP sets out the transport strategy for Gloucestershire and was first prepared in 2001 following publication of the Government’s White Paper on Transport, “A New Deal for Transport – Better for Everyone”. This Plan covered the period to 2005/06 and considers all modes of transport for the whole of Gloucestershire. The revised Local Transport Plan covers the period 2006-2011.

6.9.2 Recommended Practices

1. Work to identify urban links to the PROW network and take advantage of opportunities to improve public rights of way that form part of the wider functional highway network

2. Where undertaking or assisting with publicising the PROW network, take up opportunities to encourage people to use more sustainable transport.

Gloucestershire Local 49Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 6.10 ECONOMIC DEVELOPMENT AND REGENERATION

6.10.1 Public rights of way are a resource that form an integral part of the tourism infrastructure and the associated economic activity that is generated in Gloucestershire. The Foot and Mouth disease outbreak in 2001/02 demonstrated the value of countryside access to the tourist economy of the county and country. Public rights of way opportunities linked to economic development should be well integrated with sustainable transport networks to make them more accessible. Ultimately improved public rights of way could result in increased inward investment in the county through the spending activities of visitors.

6.10.2 Sustainable tourism initiatives

6.10.2.1 The impact of the foot and mouth disease outbreak in 2001 resulted in a realisation by government that the rural economy was facing many challenges. Many organisations, national, regional and local are now working to develop tourism opportunities to help revitalise the rural economy. The challenge is to increase the amount of money being spent in rural Gloucestershire and then to ensure that this income is recycled locally. Particularly on locally sourced supplies and services by local businesses.

6.10.2.2 The three national trails that pass through Gloucestershire, and in particular the Cotswold Way, can have a positive effect on the rural economy and bring economic benefits to local communities along the route. Wide economic benefits can be generated through more investment in walking, riding and cycling networks. In addition the quality of recreational access in the three AONBs, the Cotswold Water Park, the Forest of Dean and along the Stroudwater and Cotswold Canals all have a very significant, but probably largely unquantifiable effect on the local economy.

6.10.2.3 It is vital to make appropriate links with the many organisations involved with developing and marketing Gloucestershire’s varied countryside and promote local public rights of way as a key asset for informal outdoor recreation and tourism in the county.

6.10.3 Gloucestershire First

6.10.3.1 Gloucestershire First is a countywide economic partnership established to maintain a sustainable environment in which businesses can flourish and grow.

6.10.3.2 Gloucestershire’s local authorities have identified the Leisure and Tourism sector as being the most important to the county as a whole.

6.10.4 Purchasing power

6.4.10.1 Ultimately the immediate use of resources targeted at public rights of way to purchase locally produced and sourced materials is one way of assisting with the local economy. Using local labour is also a key way of bringing limited employment opportunities to those willing to engage with the county council in the role of contractor.

6.10.5 Recommended Practices

1. Use promotional opportunities to carry the Gloucestershire brand identity

2. Use public rights of way network signage where resources are identified, and associated promotional material to direct visitors to rural tourist destinations.

Gloucestershire Local 50Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 7. THE STATEMENT OF ACTIONS

7.1 WHAT IS THE STATEMENT OF ACTIONS?

7.1.1 The Countryside and Rights of Way Act 2000 requires every highway authority to “prepare a statement of the actions they propose to take for the management of local public rights of way and for securing an improved network of local public rights of way, with particular regard to the matters dealt with in the assessment”.

7.1.2 The statement of actions is in fact the list of core activities, recommended practices and potential improvement actions and aspirations based upon the assessment of local rights of way and user needs throughout the county, and identified in each separate section of this plan. These will be incorporated into the PROW section of the annual Unit business plan. The business plan identifies the key component tasks required to deliver the main actions for better management and improvement of the public rights of way network on an annual basis.

7.1.3 Key core tasks have been set out in a table at section 8.2 to illustrate the core potential growth areas of the service.

7.2 INTEGRATION WITH THE LOCAL TRANSPORT PLAN

7.2.1 This Rights of Way and Countryside Access Improvement Plan currently forms an appendix of the Revised Local Transport Plan 2006-2011. Based on current government advice it is possible that through the LTP, bids for resources to spend on local transport projects, which in turn make real improvements to the highways network and meet the needs of users can be realised.

7.2.2 Walking Strategy

7.2.2.1 As part of the LTP, local authorities have to set out how their policies and proposals will meet a number of objectives such as the reduction in congestion, improvements to road safety, improvements to health and quality of the environment etc. The promotion of walking has a fundamental and crucial role to play in achieving these objectives.

7.2.2.2 The level of LTP funding is dependant upon the policies and proposals put in place and the performance of local authorities in reaching their local targets. It is therefore essential that the role of walking in meeting the wider objectives of the LTP is fully explored and that the actions/targets that are set are both achievable and directly related to meeting these objectives.

7.2.2.3 Walking is a mode of transport that is available for almost everyone to participate in and the majority of people engage in walking in the public realm at some time during each day. It provides access to the greatest number of places and is the start and end to many longer distance journeys. It is virtually cost free, good for your health (and pocket) and good for the environment. There is strong public support for the encouragement of walking and general acceptance of its benefits, yet walking trips (other than recreational trips) have been steadily in decline over the last 20 years (Department for Transport “Walking and Cycling an Action Plan”, 2004).

7.2.2.4 Walking, whether for the whole or part of a journey, offers the greatest flexibility in respect of origins and destinations. It is not constrained by the availability of parking or the peculiarities of the road network. It offers the greatest flexibility in terms of routes and it provides consistent journey times relatively unaffected by congestion, road works and other external factors. One quarter of all trips are less than one mile, which is generally considered to be a walkable distance; just under half

Gloucestershire Local 51Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 of all trips are less than two miles. (Department for Transport “Walking and Cycling an Action Plan”, 2004). There is great potential to increase walking as a mode of transport for such trips.

7.2.2.5 The Walking Strategy follows the framework suggested by the Department for Transport. Its aim is to identify the scope and the means to achieve an increase in walking trips in the County. This is to be undertaken by establishing the Gloucestershire context for the strategy, providing a plain set of objectives and specifying how these are to be achieved through a clear set of action plans. The success of the action plan to be assessed through a number of performance indicators and the overall strategy monitored and reviewed to reflect progress made and changing requirements.

7.2.2.6 The strategy is intended to apply to both urban and rural parts of the County. However, given the characteristics of the existing pedestrian environment and the concentration of population and activities within the urban area, such areas provide the greatest opportunity to influence travel patterns. It is therefore both inevitable and deliberate that the strategy and its implementation will have an urban focus. This is not meant to undermine the importance of walking in rural areas, but merely reflects the different characteristics between rural and urban environments, the need for cost effective actions and the relative opportunities afforded to make a real difference.

Gloucestershire Local 52Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 8. RESOURCES

8.1.1 Local Highway Authorities already have substantial duties under the Wildlife and Countryside Act 1981 and the Highways Act 1980 to keep the definitive map and statement of public rights of way up to date and to ensure that ways are adequately signposted, maintained and free from obstruction. Rights of Way Improvement Plans are intended to build upon this essential core work and not conflict with these existing duties or reduce the effectiveness with which they are carried out.

8.1.2 The duty to prepare improvement plans is a new duty. Additional funding will be needed to ensure that there is no need for a reduction in the execution by local highway authorities of their existing duties in relation to public rights of way, although the preparation of improvement plans may highlight the need to strengthen the resources allocated by authorities and government to these duties.

8.1.3 Securing external funding for public rights of way improvement is challenging, with some external funding sources appearing reluctant to fund local authority proposed public rights of way works, perhaps because they see such activity as already “fully resourced” by the tax payer. Further, there is probably a misconception that improvement works are statutory, when in fact they are not, and partly due to the cost implications of public rights of way projects. The distinction between public rights of way ‘maintenance’, which is a statutory requirement, and public rights of way ‘improvement’, which is not a statutory requirement, needs to be made more forcibly.

8.1.4 There exist potential areas of opportunity such as section 106 agreements, made with developers, where significant infrastructure improvements could be secured. In practice, much of what is achieved is either replacing what has been lost through development, or putting in place the bare minimum network in a new development. There is a great deal of scope for working closely with developers and planners in a more proactive way to secure tangible improvements to the network.

8.1.5 The Local Transport Plan is a potential funding stream for specific highway (including public rights of way) improvements. The significance of this funding may increase further in the future, or alternatively the expectation that has been raised might turn out to be misplaced.

8.1.6 The Countryside Agency have been a significant funder, specifically in relation to the establishment of three national trails which pass through Gloucestershire, namely the Offa’s Dyke Path, the Thames Path and the Cotswold Way. In relation to the latter, the Countryside Agency will have made available over £2 million in around 9 years, equating to approximately £220,000 per annum, for the establishment of this 100 mile route, (75% of the route is in Gloucestershire) by the time the route is launched in 2007. The Countryside Agency no longer assists with schemes that fund activities on the remainder of Gloucestershire’s 3430 miles of path network, it has however provided part funding through the access management grant scheme for the provision of structures for the public to access CROW access land and the provision of signage on selected sites.

8.1.7 In part, the key to successful funding bids is accurate user and asset data to demonstrate levels of use and network needs. Unfortunately, current monitoring of public rights of way usage in Gloucestershire is almost non-existent, and comprehensive information about the condition of the network is also non-existent. Addressing this shortfall will be a considerable challenge, and the production of an asset register through a complete network survey will provide an important first step in overcoming this challenge.

Gloucestershire Local 53Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

8.2 KEY TASKS KEY TASKS – definitive Current Status Existing resource Potential growth items Growth map work if funding becomes Priority available 1. Process evidential 105 unresolved 2 staff/ £60,000 pa, 1 additional member of 3 Modification Order applications and dealing with approx. 12 staff plus order costs etc Applications orders currently in EMO applications pa. (£40,000) could deal ‘queue’ with an additional 6 MO applications each year 2. Process public path order 83 ‘live’ orders and 2 staff / £60,000 pa 1 additional member of 2 applications applications at resolved approx 18 staff plus order costs etc 31.12.05 PPOs during 2005 plus (£40,000) could deal district council with an additional 9 PPO consultations applications each year 3. Process temporary Approx 50 temporary 0.5 staff/£10,000 pa N/a 3 closures of public rights of closures dealt with way each year. 4. Provide and maintain an Ongoing Project; first ICA funding of £30k in Work to keep up with 1 online web-based map phase about to be place for 05/06; further Ordnance Survey service showing Public completed funding will be required Positional Accuracy Rights of Way in 06/07 & 07/08 Improvements - £25,000 pa 5. Provide on line and paper Ongoing Project. First 0.2 members of No growth required – 1 registers of Modification phase complete staff/£4,000 work will be absorbed by order Applications, Public existing staff resource Path Order applications and Section 31(6) Highways Act depositions 6. Consolidate the Definitive No activity currently None Est. £250,000/approx 5 2 Map man-years 7 Provide a computer based No activity currently None £50,000 but dependent 3 definitive map on 6.

Gloucestershire Local 54Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

KEY TASKS – Public rights Current Status Existing resource Potential growth items Growth of way maintenance and if funding becomes Priority enforcement available 1. Maintain public rights of Current achievement: 8 Area Rights of Way officers Additional works money 1 way to a ‘bronze standard’ BVPI rolling score of with ‘works budgets’ of £100,000 required to while responding to 70% of 64%, x% of customer approx £18k pa, total budget deal with basic annual customer reports and reports dealt with £344,000 approx maintenance achieving a BVPI ‘score’ of requirements 70% ‘easy to use’ 2. Refurbish and maintain Current achievement Works warden - £25,000, plus £35,000 required to 1 95% of PROW signposts 93.7% (BVPI survey signs and posts etc, value maintain position 2005) £10,000: total £35,000 (although currently under review) 3. Ensure 95% of county’s Current achievement Approx £15,000 pa (part of Additional estimated 1 foot and bridlebridges are 97% “easy to ‘works budget’ mentioned £50,000 pa required to maintained to an acceptable use”(BVPI survey above) maintain bridges to an standard 2005) - but omits to acceptable structural analyse those that are standard structurally unsafe. 4. Inspect the entire public Not currently Area Officer team could Additional funds would 1 rights of way network in order undertaken complete the task with little or allow for the pro-active to build an asset register no additional resources but management of the subject to an understanding asset in order to reduce that resolution of customer council liabilities. reports would be affected for the duration of the survey 5. Inspect all urban and Not currently N/a £15,000 pa 1 functional public rights of way undertaken once every 12 months 6. Inspect all other public Not currently N/a £20,000 pa 1 rights of way on a four-year undertaken rolling programme, 25% per year.

Gloucestershire Local 55Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 9. IMPLEMENTATION AND MONITORING

9.1 IMPLEMENTATION OF THE RIGHTS OF WAY AND COUNTRYSIDE ACCESS IMPROVEMENT PLAN

9.1.1The plan is a working document informing the annual business plan and associated work programmes.

9.1.2 Both capital and revenue funding will be required to put any improvements into practice and to ensure their long-term maintenance. The Public Rights of Way Team will have to be innovative in sourcing funds to support the improvements. We will consider seeking funds from lottery bodies, the local transport plan, European schemes, and agri-environment schemes, subject to staff time being available to do so.

9.1.3 In order to be successful in developing these new funding partnerships, we anticipate they will need to demonstrate that they are making improvements to the public right of way network for reasons which link into much broader policy objectives, such as health, reducing dependence on the car, tourism, economic development, safe routes to school or work and accessibility for those with limited or restricted mobility and for those who are socially excluded.

9.2 INVOLVEMENT OF LANDOWNERS IN IMPROVEMENTS TO THE NETWORK

9.2.1 Any future improvements to the public rights of way network will require the support and understanding of local landowners over which these rights of way exist. There are now regular opportunities to talk to landowners about ROWIP matters through their representatives on the Gloucestershire Local Access Forum.

9.2.2 We will secure improvements to the public rights of way network by agreement wherever possible. On the rare occasions when we intend to attempt to create a new public right of way, we will seek to negotiate the creation of routes or the addition of higher rights to existing routes by agreement with landowners using powers under section 25 of the Highways Act 1980 before considering use of s26 (Creation Orders). We will adopt a constructive approach to these negotiations and will be prepared to consider changes to the network that landowners might seek as corollaries to agreements, provided they meet the criteria set out in sections 118 and 119 of the Highways Act 1980. A reasonable time limit within which these agreements are reached will need to be established.

9.2.3 When making any of these improvements to the existing public rights of way network, we will seek to liaise with local landowners and managers prior to carrying out the work in order to gain their co-operation or participation and to inform them of what is about to take place. Landowners and managers may also be able to provide local knowledge that will be useful in carrying out many improvements.

Gloucestershire Local 56Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

SECTION 10 METHODOLOGY

10.1 This section sets out how we went about the process of putting together this ROWIP and how we will monitor it in the future.

10.2 THE RIGHTS OF WAY AND COUNTRYSIDE ACCESS IMPROVEMENT PLAN PROCESS

10.2.1 The Rights of Way and Countryside Access Improvement Plan covers the whole of the county of Gloucestershire.

10.2.2 Significant inputs were made from both internal and external consultees in developing the Plan. Parish Councils, local groups, statutory and voluntary organisations plus a considerable number of members of the public have all contributed to the development of this plan.

10.2.3 Gloucestershire Local Access Forum was established in 2003 as a new statutory body to advise Gloucestershire County Council and the Countryside Agency on matters relevant to outdoor access in the county. They are a new and influential voice to promote investment in public outdoor access in Gloucestershire. They were involved as substantial contributors to this final plan.

10.3 REVIEWING THE ROWIP PROCESS

10.3.1 Information is being made available through the Gloucestershire County Council website at www.gloucestershire.gov.uk and at other appropriate public information points. Gloucestershire County Council will monitor the ROWIP and there will be updates on progress to the Gloucestershire Local Access Forum.

10.3.2 Gloucestershire County Council will inform their partners of ROWIP development issues through the appropriate meetings. In addition, “access for all” and meeting the new requirements of the Disability Discrimination Act have to be monitored as an integral part of the ROWIP.

10.4 MONITORING THE RIGHTS OF WAY AND COUNTRYSIDE ACCESS IMPROVEMENT PLAN

10.4.1 The Statement of Action will be implemented through the annual Business Plan, or to give it its full title the Integrated Service and Performance Plan (ISPP). Further, this information will be made available on the county council website.

10.4.2 The monitoring of the Plan will also be linked to the Corporate Strategy, the Community Strategy, the Local Transport Plan and other countywide strategies monitoring and reviewing processes where appropriate.

10.4.3 Progress on implementing the plan will be featured on the county council website with a dedicated Rights of Way and Countryside Access Improvement Plan webpage. Further, we will work with the Local Transport Plan process to integrate any new aspects of the monitoring process.

Gloucestershire Local 57Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 SECTION 11. ANNEXES

Contents

Annex A: Summary of ROWIP consultation responses

Annex B: Walking and riding routes in Gloucestershire

Annex C: Priority guidelines for modification order applications

Annex D: Priority guidelines for public path orders

Annex E: Priority guidelines for managing the new access rights

Annex F: Priority guidelines for the maintenance and enforcement of public rights of way

Annex G: Legal duties and powers

Gloucestershire Local 58Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Annex A: Analysis of results of draft ROWIP consultation

Summary of Responses to Draft Rights of Way and Countryside Access Improvement Plan Gloucestershire County Council received 31 responses (listed below) to the Draft Rights of Way and Countryside Access Improvement Plan by 31.12.05, plus one additional response in early January 2006.

Name/Organisation Summary GCC response

Barr, E Three Choirs Way should be in list of See Annex B. recognised routes Bishops Cleeve Concerned over provision for wheelchairs See section 5.1 Parish Council and farmers needs. Signposting needs Improvements will be made for (Murray Taylor) destinations and distances. less able in agreement of landowners (see 5.1); and 4.2 & 4.6 – these signposting requirements are expensive and will only be done in exceptional circumstances. Burcher, Bob Priorities are important. Feels health and Focus on health & safety reflected (GLAF member) safety, web mapping and education in priority guidelines (Annexes D to should be singled out. Focus on F). Web mapping to be addressed alternative forms of transport to car, and (4.1); education & awareness – how to attain this through planning see 6.03. Information and process. communication 6.01. Sustainable transport – see 6.09. British Horse Comments are weighted toward See 5.3 in particular. Also Society – Glos equestrian issues; safer routes for riding, references in 4.1, 4.2, 6.02. area rep, William road crossings, hard surfaces, Reddaway (GLAF encouraging horse tourism, clearing member) existing bridleways, new links. Develop disused railway lines, multi use paths. Cam Parish Good def map & statement out to PC’s See 4.1 and annex H. section 4.2 Council – S asap. PROW information for public. covers maintenance issues like Hanman (clerk) Aesthetics not only issue in gate and stile stiles, gates and signs. provision. Better roadside signing. Section 5.1 covers access for the Disability access issues. Promotion of disabled. circular routes in partnership with PC’s. Partnerships with PCs – see 4.9, Less emphasis on web based information. and circular walks etc see 4.6. Motor vehicles on PROW, recognition that Recreational vehicle use – see this is a legitimate pastime. 5.5. Adequate resourcing for PROW a priority. Resources see 8. Chalford Parish High priority to definitive map, Definitive map – see 4.1, Council – CC enforcement, maintenance and the maintenance 4.2 and Prince (clerk) condition of the network, as well as enforcement/protection 4.3. planning. Concern re safety of walkers Planning – see 6.04. especially by main roads. Safety of walkers by roadside – see 6.02. Chipping Campden Criticism over length of document and lack Document is strategy document, Town Council of specific details. No reference to and is not supposed to dwell on promotion of walking in schools and the specifics. Promotion of walking – importance of bridleways in Glos. Would see 4.6, 5.2, 6.01 and 6.03;

Gloucestershire Local 59Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 like to see grass verges used as footpaths bridleways covered in many to connect paths along roads. Would like section; grass verges – see 6.02 recognition for Cots Wardens work. (Road safety). Def map – see 4.1, Focus on def map, condition of network, condition of network 4.4. promotion of walks and rides, health Volunteers and promotion, and partnerships/voluntary community/partnership working– involvement. Deter motor vehicular use of see 4.9, 4.9 and 6.11. Motor prow. vehicle use – see 5.5. Cirencester Core duties important, plus safety, land See sections 4.1,4.2, 4.3 and 4.4, Ramblers manager liaison, shared priorities, also 4.7, 4.9, 4.9, 5.7, 6.10 and Association group - voluntary involvement, economic 6.11. Coralie Dustin development, planning and diversity. Collective view of group. Cotswold AONB - Manage and improve access to Improve access to countryside and Mark Connelly countryside for recreation; Sustainable approach – general Sustainable approach; theme throughout. Would like structures & furniture to be ’in See 6.11 re shared priorities and harmony’ with surroundings. Commitment partnership working; 6.07 covers to biodiversity in general not just in biodiversity. relationship to SSSI’s. Public transport Public transport – see 6.09 links important. Materials generally sourced locally Use local materials. – see 7.10.5; Priorities Def map, maintenance, See sections in 4 5 and 6 on these protection, condition of network, land subjects. manager liaison partnership working, volunteers, sustainable transport and biodiversity. Cotswold Canals Restoration of the canal network will See 6.11 (shared priorities & Trust (Neville involve development of rights of way partnership working); Nelder, GLAF network where a permissive route is not member) available. Existing PROW need work to improve the see 4.2 Maintenance. quality of the surface. Cotswold Way More references to Cotswold Way See 4.6 and 6.11 regarding Team, GCC. National Trail and Countryside Agency’s promoted routes and partnership contribution. Commitment to maintenance working. of Cots Way after May 2007 needs 4.2 covers route maintenance and clarifying. Cotswold Way also listed under Cotswold Way submission as headline Annex B and in priority guidelines plan, also quality standards document. at Annexes D & F. see 4.9 GCC’s role as key partner in development Re public path order priorities, see of CW revised document at Annex D. Resourcing of Cotswold Way present and Regarding quality standards future. No mention of Gloucester Vale document see 4.6.7 and 7.10.5. Conservation Volunteers. See also 6.10.3.2 Country Land & Land Manager’s interests important and See 4.7 and 6.08. See 5.1 Business should be priority. Would like a reference regarding access for all. Association - Clare to CLA’s interest in ROWIP. Consultation Stuckey with GLAF to improve access for all. 6.03 re education & awareness; Concern with public perception of “Right to 4.6 on promoted walks and rides; Roam”. Concerns over cross compliance buffer strips being used as rights of way. Information provision covered in

Gloucestershire Local 60Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Agree that promotion if routes is beneficial 6.01. to the rural business community. Accurate information provision is crucial. Car Car parking provision not covered parking provision should be provided at popular walking spots. Countryside Not visionary enough Funding required for any vision to Agency – Colin Defensive tone be realised – no point being Jones (SW Office) No SMART targets visionary if you can’t hope to Doesn’t embrace wider ‘countryside achieve anything. recreation’ agenda. Strategic document – wider Health agenda scarcely touched upon. countryside recreation agenda not Diversity agenda barely addressed. part of remit. Shortage of links to other strategies Health – see 6.6; diversity - see outside the corporate ones. No cross- 5.7; referencing to LTP. LTP – see 6.9; Needs renumbering breaking up and illustrations. Resources – see section 8. No evidence of political support/ownership. Resources issue not addressed. Should identify more clearly benefits of proper resourcing. Network condition section did not consider disabled users needs. See 4.4 and 5.1 regarding Promotion should include targeting of disabled users and a new under-represented groups. approach to access to the No obvious consultation with these countryside. groups. No mention of ‘By All Reasonable Means’ (Oct 05). No consultation with disabled groups? See action 21. Healthy walks register with walks of differing intensity would be useful. No mention of cycling here or clinks to safe Not included – consultees felt a routes sections. healthy walks register to be a low Link with Glos WHI project not obvious. priority. Spending on PROW compared to roads minimal, should be higher. Glos WHI has failed to respond to Opportunity to fund Rights of Way should attempts to contact them. be taken by GCC with its ensuing tangible See 8. benefits to all. Cyclists Touring In general favourable. More importance See s4.1 regarding claiming of Club - Colin should be paid to “higher rights” issues. additional rights; 4.6 re promotion Palmer More emphasis on future of walks and rides; plans/expectations. More promotion for walking and cycling routes required. Dursley Rambling Would like to see more information about Full information available on Club - Anthony GLAF. Digitisation of maps on internet website. Forrester needed. Healthy Walks register Digitisation – see 4.1. unnecessary. Action plan to combat Healthy walks register now misuse of footpaths by horse riders, omitted. cyclists etc. Misuse of footpaths not regarded

Gloucestershire Local 61Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 as a priority by other respondents.

Gidman, Stan Concerns expressed over lack of See section 8 - Resources resources to implement plans. Criticism over length of text and terminology used in parts. Glos Lifestyles There should be specific mention of See 5.1 and 5.8. (disability group) - disabled users in section on DDA included in tables at Annex Sue McClung, ‘Gloucestershire users’/ Duties and G. powers tables should include reference to See also section 8 Resources. the DDA. Term ‘Access For All’ to be used as it is government initiative. Promote wheelchair accessible routes, pleased with proposals and hopes for funding. Gloucestershire Recommend an integrated users vision; See section 5 Provision for users; Local Access resources should be increased to match See section 8 resources; Forum the national will; Realistic targets to be set for customer Already a performance indicator, report resolution; but an unrealistic aim since two Timescales for bringing network up to a complaints are rarely the same. certain standard; Noted Concern that legislation requires ROWIP Noted but not its implementation; Provision for disabled, sometimes in 4x4 See 5.1 vehicles to be highlighted; Other users should be considered See 5 separately; Clear policy on prevention of illegal use by See 5.5? vehicles; Education of users and landowners See 4.7 Landowner liaison and s require separate policies; 6.03 Education & awareness. People should be made aware of their See 4.5 rights and responsibilities under CROW Act; Important to spread information re CROW Have put information on GCC restrictions and closures widely; website Biodiversity can be affected badly by access; See 6.07 Waymarking needs improving - consider partnership/sponsorship; See 4.2 Review policy on waymarking; Re-categorise CROW Access land island See 4.2 sites above those of no real value e.g. See 4,5 and annex E roadside verges – new category 5 for these? Encourage Parish Councils; Concern re Modification order and public See 4.9 path order backlogs – maybe more See Annexes C and D and section resources needed here? 4.1. Unsurfaced roads were felt to be an

Gloucestershire Local 62Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 important resource ignored by the draft See 4.2 ROWIP- perhaps these could be looked after by the PROW dept while highways take on tarmac PROW? New policy for review and renewal of temporary closure orders; ???? Flexibility needed in changing routes of paths to adapt to modern circumstances; See Annexes C and D and section Importance of digitised map noted - a 4.1. resource matter if the definitive map is to Annex H. be properly digitised; Clear list of action points would help, along with timescale. See Statement of actions.

Hartpury Parish Consider permissive routes instead of Unfortunately duty to keep Def Council – Mike modification orders & prioritise definitive Map up to date means we must Payne & Greg map anomalies. Emphasis on deal with Mod Orders; see 4.1; Jones maintenance of existing rights and Permissive access 5.6; Regarding removal of obstructions. maintenance see 4.2 and removal of obstructions covered by 4.3. Heart of England Wants to know more about enforcement See 4.3, 4.6. Landscape Way Association process; protection is not role of PROW - Brian Keates Wants walks and rides acceptance policy team. explained or created. Protect ridge and furrow. Heart of England Way service should be mentioned as voluntarily involved. Promote use of village hall car parks. A couple of creations suggested. Lower Slaughter Overall resource allocation omitted. Agreed. Summary in final Parish Council Summary would help. document; Mills, Mrs S Definitive map important along with See 4.1, 6.5; prosecution of vandals; Education & awareness, understanding See also 6.3, 5.7, 6.6, 4.9, 4.9, present & future needs, community safety, 6.10, 6.9, 6.4 and 6.7; 6.7; social inclusion, health promotion, partnership working, voluntary involvement and economic development all-important, along with sustainable transport, planning and biodiversity. No timescales; no indication of departmental organisation, resources and shortfall, nor a good correspondence system commitment; aesthetics a factor; overcoming conflict; difficult to read, but interesting; Green and appropriate cover. Concern it may not be implemented; Use symbols not signs for illiterate understanding; avoid acronyms like RUPP; public transport should be reliable and at sensible times; list of access areas would help; Notices should include Grid references and purposes of orders clearly.

Gloucestershire Local 63Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Want all PROW and road records to be held together; difficult to use existing maps; fresh all purpose building required; Grass Routes important; how GLAF relates to CROW sub committee. Monarch’s Way Concern over 2026 deadline for See 4.1; Monarchs Way was Association - modification orders. Would like recognition already in list of routes in Annex. Trevor Anthill in Annex C of the Monarch’s Way as an Core duties a priority see 4.1, 4.2 approved route. From the form, high and 4.3. Planning – see 6.04. importance given to Def map, maintenance, enforcement and planning. Oxfordshire County Action proposals should be more defined. Action proposals now defined and Council - Paul Concerned that statutory guidance has not prioritised. Harris been followed. Ramblers Weak statistical details; OS maps need to Accepted; see 4.1 and 8 Association be better quality; Mod Orders need (Resources) (interim response) backlog clearing and new ones should be Priority systems modified – see Tony Drake kept pace with; Don’t like priority systems Annexes C and D. for MOs and PPOs. Should emphasise Alleys in Gloucester, electronic danger to users as important factor; Avoid web-based map, consolidation – chronological approach; agree that alleys see 4.1 and annex H. Stiles and in Glos City should be added to list of waymarking – see 4.2. Support for streets; Webmap and consolidation volunteers, see 4.9; Severn Way – important; dangerous stiles need to be see 4.6; Island access sites – see prioritised; waymarking inadequate; other annex E. Erosion issue – see 4.2 organisations need support from staff; maintenance. Severn Way west bank; Island access sites need higher priority on occasions; paths at risk of erosion need prioritising before they are lost. Ramblers Performance indicators to be established Performance already monitored Association (Glos for complaints resolution. Statistical annually through targets in area) formal comparisons needed for estimated tourist business plan. response. income (£200m pa) and the rights of way Agreed. See 8. resources. budget (less than £1m pa) – insufficient Priority guidelines for all main national funds committed to PROW. areas of work given at Annexes C Prioritising of complaints needs amending. to G. More information on resources available Gloucester city paths, digitisation – for disability access. Gloucester City see 4.1. mapping. Digitised map website should be easy to use. Establish a priority system for Eroded paths to be monitored: see public path orders. In light of the s4.4 – and action point at 4.4.3 – Maisemore case there should be a this survey will be used as the monitoring of paths likely to be eroded. basis to proactive network Waymarking adequately maintained. management. Enforcement of illegal use of restricted byways. Mod Orders up to date by 2010. Waymarking – see Maintenance Cross compliance provisions. 4.2. Modification orders unlikely to be up to date by 2010 with current resources.

Gloucestershire Local 64Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Randwick Parish All items regarded as of high importance. See action statement and priority Council – John guidelines for various areas of Taylor work – resources are unlikely to be available to enable the county council to fulfil all the objectives here. Stewart, Gerry Priority should be given to replacing stiles See 4.2 and 5.1. No intention to with gates. Higher priority should be given sign unclassified unsurfaced roads to waymarking and make more use of at present. volunteers to do this. Signposting should include unclassified highways. Need to make greater use of enforcement and prosecution. Does not like the standard acknowledgement letter and would like feedback and statistics available. Thames Path Quality Standards, refer to Thames Path See sections 4.2. and 4.6.7 National Trail – Management link with Local Development Margaret Caddick Plans. Reference to the three national Also see 4.1 and new priority trails should be made in Section 3. guidelines for public path orders at Section 5 public path orders & cycle track Annex D. orders mentioned in the same sentence, please separate these issues. National National trails are second only to trails should be given higher priority functional routes in order of priority regarding maintenance. More promotion of (Annex F). circular routes for walkers and cyclists needed. Would like to see parking at the Car parking provision covered in start of National Trails and circular routes 4.7.8. given a high priority. Use of less restrictive structures on National Trails especially Adoption of BS5709 (2001) in replacing stiles on these routes. section 4.2 (least restrictive Recognition that Thames Path National structure); Trails undertake surveys in partnership with GCC. Would like a note for priorities See again revised priorities for for re-alignment work. public path orders at Annex D (realignment work). Upton St Leonards Foreword needs overview of plan; Agreed, see full document. Community Action contents need more explanation; not much Network - Mike on HOW improvements may be made; Blanch, simple system for deleting unnecessary Legal process not available to paths from def map; simple systems for delete paths and easily create new creating new paths despite objections of ones; or to insist on more user- landowners; being able to insist on friendly structures, without landowners accepting more user friendly agreement. gates rather than stiles; improvements for cyclists to selected hard topped paths Improvements for cyclists where suitable. dependent on resourcing and appropriate status of route. Woodhouse, DA All items are important; horseriders need See sections 4.1 (provision of easier access to bridleway maps; better electronic map via website), 4.2 marking of such routes from roads; (signposting of bridleways). confusion over maps provided by records office; concerned re safety of horses and Road safety – see sections 5.3

Gloucestershire Local 65Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 their riders when on road; greater driver and 6.02. awareness needed; poor gates make bridleways difficult to use for horseriders; Poor gates – see section 4.2 electric fencing creates a considerable (maintenance of gates and stiles) hazard; remind landowners of these and 4.4 (promotion of routes) and matters. 4.7 (Land manager liaison).

Gloucestershire Local 66Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

Annex B: Walking and riding routes in Gloucestershire

National Trails Cotswold Way, 100 miles – A national trail currently under development, following the scarp edge of the Cotswolds between Chipping Campden and Bath. The way passes prehistoric sites and picturesque villages and offers breathtaking views.

Offa's Dyke Path, 177 miles – A national trail and walking route following the line of the great earthwork built by Offa, King of Mercia during the eighth century from Sedbury near Chepstow to Prestatyn, to mark the boundary of his kingdom.

Thames Path, 184 miles – A national trail meandering alongside the River Thames from its source near Kemble, through peaceful water meadows, past historic towns and villages, into the City of London, and ending at the Thames Barrier at Greenwich.

Regional Routes Gloucestershire Way, 100 miles - The walk is a memorable journey through the diverse areas of the Forest of Dean, the Severn Vale and Cotswold. The route is well signposted.

Heart of England Way, 96 miles - A long distance footpath linking the Cotswold Way with the Staffordshire Way. The waymarked path travels from Milford via Lichfield, Henley-in-Arden, Alcester and Chipping Campden to Bourton-on-the-Water where it joins the Oxfordshire Way.

Macmillan Way, 290 miles - A long distance walk through rolling English countryside from Boston in Lincolnshire to Abbotsbury in Dorset, crossing the Cotswolds via Adlestrop, Lower Slaughter, Cold Aston, Turkdean, Chedworth, Sapperton, Tarlton, Cherington, Avening and Westonbirt.

Monarch's Way, 610 miles - A long distance walk following the escape route of King Charles II after his defeat at the battle of Worcester in 1651, across the Cotswolds to the south coast.

Oxfordshire Way, 65 miles - A medium distance path, which runs from Bourton-on-the-Water in east Gloucestershire, across rural Oxfordshire to Henley-on-Thames.

Sabrina Way, 200 miles - The Gloucestershire section was opened by Princess Anne in 2002. It is a horseriding route developed by the BHS and Ride UK (http://www.ride-uk.org.uk/extent/natreg/sabrina.htm) that runs 44 miles east to west through the county from Stow to Forthampton, near Tewkesbury, and which will form part of a longer distance route when complete. A set of leaflets covering the route, and an accommodation list, are available from The British Horse Society in return for £2 and a donation to the Ride UK project. Each leaflet covers the route in a single county. The Sabrina Way is a new addition to the National Bridleroute Network, developed by Brenda Wickham for the British Horse Society and partner local authorities. It runs from the Claude Duval Bridleroute at Great Barrington on the county boundary with Oxfordshire through five counties to Derbyshire, and will provide a link between the Ridgeway and the Pennine Bridleway.

Severn Way, 210 miles - A long distance path tracing the route of Britain's longest river along the entire Severn Valley from its source to the sea. The way passes through meadows and orchards, past wetlands and marshes and runs near to Gloucester Docks.

Three Choirs Way, 100 miles, a route running between the cathedral cities of Gloucester, Worcester and Hereford, linked to the annual music festival.

Wychavon Way, 41 miles - A medium distance route which leads from the Cotswold Way at Winchcombe, over Bredon Hill and on through Worcestershire.

Wye Valley Walk, 107 miles – A long distance footpath that follows the meandering route of the River Wye through steep stone gorges, dense woodland and open countryside between Chepstow and Rhayader.

Gloucestershire Local 67Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Wysis Way, 55 miles - A medium distance route linking the Rivers Wye, Severn and Thames and the national trails of Offa's Dyke Path and the Thames Path. It travels from the Wye Valley via the Forest of Dean, May Hill, Leadon Valley, Robinswood Hill, Bisley and the Frome Valley to Thameshead.

Longer promoted circular walks.

Cheltenham Circular Footpath, 26 miles - A waymarked, circular walk that completely encircles Cheltenham, which was devised by Cheltenham Borough Council, the Ramblers' Association, the Rotary Club and the Cotswold Voluntary Wardens, working in partnership with Gloucestershire County Council.

Daffodil Way, 10 miles - A circular walk from Dymock through the wild daffodil country within the Windcross parishes in north-west Gloucestershire. Offers a wealth of woods and orchards, ponds and streams, meadows and fields. The best time to walk this route is in the early spring when the wild daffodils are in bloom.

Glevum Way, 27 miles - Circular walk around the outskirts of the city of Gloucester, originally devised by Mike Loach. The walk was completed and waymarked by the Gloucester Ramblers' Association as part of the RA's 60th anniversary celebrations in 1995.

North Cotswold Diamond Way, 60 miles - A circular walk through the beautiful North Cotswolds devised by members of the North Cotswold Group of the Ramblers' Association to celebrate 60 years of working for walkers, 1935 - 1995.

Poets' Paths I and II, 8 miles - Two circular walks from Dymock, taking in places of interest associated with the Dymock poets; Abercrombie, Brooke, Drinkwater, Gibson, Thomas and Frost.

Wardens Way/ Windrush Way, 13 miles each - Two linear routes which link Bourton-on-the-Water and Winchcombe. Together they form a circular route passing through the Slaughters, Guitings, Hawling and Aylworth.

Gloucestershire Local 68Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Annex C Priority Guidelines for Modification Orders

The priority guidelines contained in this Annex are those to be used for determining the sequence within which a modification order application will be processed relative to other applications. That is, these guidelines will be used to determine the position of an application within the queue.

Because of the different criteria that can be used to determine the priority that should be attributed to an application, for example, landowner interests, public interests, county council interests and so on, it would be inappropriate and misleading to create a single hierarchical "league table".

The following priority guidelines should be seen rather as an equation made up of different criteria, all of which need to be taken into account in order to reach a final decision as to the queue position that an application should be accorded. The components of the equation are as follows:

PART A Landowner Interests PART B Public Interests PART C County Council Interests PART D Nature and Level of Usage PART E Environment and Sustainability

Based upon the above components, each application will be given a priority of either 1, 2 or 3, with 1 the highest and 3 the lowest. Once assigned a priority, the application will be processed in chronological sequence within that priority level. However, if an additional component in the “equation” comes to light during processing of the application, the priority assigned could be subject to change.

PART A – Landowner Interests

The following factors may be taken into consideration:

• An order which assists landowner/s or manager/s, including those occupying residential properties, by providing certainty regarding the existence or not of the claimed route. For example, a claimed route may pass in close proximity to buildings and dwellings.

PART B - Public Interests

The following factors may be taken into consideration:

• Where the order could result in a significant positive impact on the network. Positive impact is interpreted as improvement to the coherence of the path network, e.g. adding a missing link to complete a network of bridleways, or to complete a through route.

• A route that provides a high benefit to users, e.g. proximity to amenities where the evidence suggests the route is well used. An example may be a route that improves access to shops, schools, a Post Office or places of work.

• A claimed route, which was in regular use, that has become obstructed and no alternative nearby route exists.

• The claimed route significantly adds or improves accessibility to an area of access land. Access land is that land designated under Part 1(1) of the Countryside and Rights of Way Act 2000.

PART C - County Council Interests

The following factors may be taken into consideration:

• Substantial evidence that a path has been incorrectly recorded on the definitive map and it is expedient to modify the map and statement e.g. upgrades, downgrades, re-alignments.

Gloucestershire Local 69Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 • Application is unopposed by all consultee parties and therefore has a high chance of being quickly finalised relative to other applications.

• Application is sound because it is supported by a substantial volume of user or documentary evidence.

PART D - Nature and Level of Usage

By order of priority:

Unrecorded routes

Routes in regular use, perhaps used daily for access to local facilities that are at risk because their legal status is not recorded upon the Definitive Map.

Incorrectly Recorded Routes

i) Routes in regular use, perhaps as part of National Trails, Regional Routes or Publicised local walks and rides that are at risk because their legal status is incorrectly recorded upon the Definitive Map.

ii) Routes in lesser use that are at risk because their legal status is incorrectly recorded upon the Definitive Map. All other claimed public footpaths, bridleways, “RUPPs”, restricted byways and byways which go to make up the remainder of the network.

PART E - Environment and Sustainability

While the County Council is unable to take factors other than the available evidence into account when determining a modification order application, under this priority system we will consider other factors to determine the position of an application in the queue such as: Does the application address personal safety issues? Does the application affect a Scheduled Ancient Monument? Does the application affect a National Nature Reserve, Site of Special Scientific Interest or other designated conservation area? Will the application overcome nature conservation problems within a SSSI? Will there be a significant increase in the County Council’s maintenance liabilities?

Gloucestershire Local 70Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Annex D - Priority guidelines for public path orders

The priority guidelines contained in this Appendix are those to be used for determining the sequence within which a public path order application will be processed relative to other applications. That is, these guidelines will be used to determine the position of an application within the queue.

These priority guidelines have been drawn up as part of the Rights of Way and Countryside Access Improvement Plan.

Because of the different criteria that can be used to determine the priority that should be attributed to an application, for example, landowner interests, public interests, county council interests and so on, it would be inappropriate and misleading to create a single hierarchical "league table".

The following priority guidelines should be seen rather as an equation made up of different criteria, all of which need to be taken into account in order to reach a final decision as to the queue position that an application should be accorded. The components of the equation are as follows:

PART A Landowner Interests PART B Public Interests PART C County Council Interests PART D Nature and Level of Usage PART E Environment and Sustainability

Based upon the above components, each application will be given a priority of 1, 2 or 3, with 1 the highest and 3 the lowest. Once assigned a priority, the application will be processed in broadly chronological sequence within that priority group.

PART A – Landowner Interests

The following factors may be taken into consideration:

• Applications associated with crime prevention or school security as defined by the Countryside and Rights of Way Act 2000 (CROW Act);

• Applications under the Town and Country Planning Act 1990 where the County Council is the Planning Authority;

• Applications from owners and occupiers of land used for agriculture, forestry and the breeding and keeping of horses as defined by the CROW Act;

• Applications that result from the threat of enforcement action;

• Applications where the definitive route is affected by long-term obstructions or where considerable works/ expenditure would be required from the applicant to open up the definitive route;

• Applications that are intended to overcome health and safety problems for the applicant, for example, diversion of a path out of a farmyard;

• Applications that are fully paid for by the applicant;

• Applications that offer sizeable benefits to the applicant.

PART B - Public Interests

The following factors may be taken into consideration:

Gloucestershire Local 71Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 • Applications that address public safety issues, for example, a diversion away from a track where vehicular use is a problem to walkers or riders, or a diversion away from a cliff edge;

• Applications that will provide a significant benefit to the public upon completion. For example, an improved path network, a wider more accommodating path or a more attractive path with improved views etc.

• Applications that result in the removal of circumstances that inhibit public use or enjoyment of the path, for example, a reduction in the number of stiles or gates, or diversion out of a “private” garden.

PART C - County Council Interests

• The following factors may be taken into consideration:

• GCC sponsored applications under crime prevention or school security as defined by the CROW Act;

• Applications that form part of a Local Authority sponsored scheme or project i.e. a cycletrack or National Trail scheme;

• Applications that address GCC legal responsibilities or offer a reduction in long or short-term maintenance costs;

• Path order(s) that are associated with a Modification Order application. For example, the creation of a new path using a path order in place of a modification order;

• Path order(s) intended to resolve definitive map anomalies that are causing problems for the highway authority, the public or landowner;

Part 4 - Nature and Level of Usage

By order of priority:

1 Functional Routes

Routes in daily use for access to local facilities, for example, shops, schools, places of work or residential property.

2 Recreational Routes

i) National Trails & – Offa’s Dyke Path, Thames Path, Cotswold Way; Regional Severn Way, Heart of England Way, Wye Valley Walk, Routes* Oxfordshire Way, Wychavon Way, Gloucestershire Way, Wysis Way, Three Choirs Way, Monarch’s Way, Sabrina Way. ii) Publicised local Numerous walks and rides, and other well used paths * To gain ‘regional route’ status a route should meet Highway Authority criteria including the publication of an approved route guide.

3. Other public rights of way

i) Other Public – All other public footpaths, bridleways, “RUPPs” and byways, Rights of Way which go to make up the remainder of the network. ii) ‘Dead end’ – Usually given a very low priority unless they provide access to Public Rights of a specific location, such as a church, spring, or viewpoint or Way they join an “unclaimed” highway.

Gloucestershire Local 72Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 * T

PART E – Environment and Sustainability

Other considerations that will be taken into account include:

• Does the application affect a Scheduled Ancient Monument?

• Does the application affect a National Nature Reserve, Site of Special Scientific Interest or other designated conservation area?

• Will the application overcome nature conservation problems within a SSSI?

• Will there be an increase in the County Council’s maintenance liabilities?

Gloucestershire Local 73Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Annex E: Priority guidelines for managing new access rights

Taking into account Gloucestershire Local Access Forum member’s support for the initial outline priority system but noting their comments and suggestions, the priority system has been refined, and is set out below. It is intended that the access authority adopt the priority system set out below. These guidelines will probably need to be reviewed at a future point when a clearer pattern of access issues and demands have emerged.

The purpose of the hierarchy set out below is to outline the guiding principles that will be considered by the authority when access issues are prioritised. It should be noted that the “category level” at which the access authority intervenes will be dependent upon the resources available.

CATEGORY 1 Sites which have one or more of the following characteristics:

• Access sites that are available for public use and are identified as having health and safety issues that are likely to subject users to an unacceptably high level of risk, particularly where the danger is not readily apparent and the consequences are potentially serious.

• Large access sites that have a high recreational value and that receive or are expected to receive a relatively high number of visitors. Such sites will usually have significant parking facilities and be in close proximity to the main urban areas.

• Access sites where English Nature and GCC agree that the ecology is highly sensitive to visitor pressures and where consideration needs to be given to the introduction of appropriate management measures or access restrictions.

CATEGORY 2 Sites which have the following characteristics:

• Medium sized access sites that have a recognised recreational value and that receive or are expected to receive a moderate number of visitors; such sites will usually have some parking facilities and/or be in close proximity to a small town or large village.

CATEGORY 3 Sites - which have the following characteristics:

• Access sites that receive or are expected to receive a relatively low number of visitors; such sites will be characterised by having limited or no parking facilities and/or are relatively isolated from concentrated residential areas.

CATEGORY 4 Sites - which have either of the following characteristics:

• Access sites, which even though they might have some potential recreational value, are currently “island sites” and other access sites or parts of sites with no existing legally defined public access.

CATEGORY 5 Sites - which have either of the following characteristics:

• Very small areas of registered common, which have very little or no recreational value, e.g. areas of roadside verge.

In addition to the above, it is intended that where opportunities arise to respond to positive access initiatives, (e.g. an offer by a land manager to establish a public right of way or a permissive route to an access site, or a request to install a pedestrian gate in the boundary of an access parcel to facilitate public access), the access authority will look to do so if resources permit.

Gloucestershire Local 74Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

Finally it should be noted that all access sites or parts of sites which fall into the category of “Section 15” land, as set out in the Countryside and Rights of Way Act, will for the time being be excluded from the above priority system as the access authority has no specific statutory jurisdiction for managing public access to them.

Annex F: Priority guidelines for public rights of way maintenance and enforcement

The priority guidelines contained in this annex are those used for determining the response to “reports about deficiencies” and “requests for action” received from the public regarding the maintenance and protection of the path network. They have been based on the guidelines contained in the existing Milestones Statement.

Because of the different criteria that can be used to determine the priority that should be attributed to any particular “Deficiency Report” or “Request for Action”, for example, level of usage, statutory duty, likelihood of an accident, resource availability, type of obstruction, nature of maintenance requirement and so on, it would be inappropriate and misleading to create a single hierarchical "league table".

The following priority guidelines should be seen as an equation made up of different criteria, all of which need to be taken into account in order to reach a final decision as to what urgency a complaint or request for action should be accorded. The components of the equation are as follows:

Part F.1 - Accidents/Claims

Part F.2 - Obstructions and Nuisances

Part F.3 - Maintenance and Improvement

Part F.4 - Nature and Level of Usage

Part F.5 - Requests for Authorisation and Advice

Part F.1 - Accidents/Claims

In carrying out Statutory Duties to safeguard and maintain public rights of way the following is taken into account: a. Accidents and/or claims against the county council

• In those cases where an accident has occurred, resulting in personal injury, there should be an immediate response from the Public Rights of Way Team. • The public right of way in question should be inspected and measures taken to alleviate any danger. • If it is not possible to make the public right of way reasonably safe for public use it should be closed, fenced if necessary, and appropriate signs erected. • The Public Rights of Way Manager should be informed. If considered necessary a ‘Temporary Closure Order’ should be requested from the Definitive Map Section. b. Presence of danger likely to cause injury to the public

It is acknowledged that determining whether or not there is an actual danger to members of the public can be very difficult from initial reports received. In many cases dangers are more perceived than real. Conversely, some individuals make light of potentially serious problems.

Part F.2 - Obstructions and Nuisances

In determining what priority the removal of any particular type of obstruction should warrant the following is taken into account:

Gloucestershire Local 75Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

• The degree to which passage is impeded. Can users pass around the obstruction without trespassing on another landowner’s property? Alternatively, can they remove sufficient in order to get by without causing damage? • Has the obstruction been wilfully erected? • Is the person who is responsible for the obstruction a persistent offender or is it a ‘first offence’? a. Obstructions - order of priority

• Permanent Development, whether residential or agricultural • Ditches, excavation works, pollution • Hedges, fences, barbed wire, permanent electric fences across PROW • Barriers to prevent entry, such as rubble mounds, farm machinery, & ditches • Felled timber • Locked gates • Ploughing or other disturbance relating to Rights of Way Act 1990 • Stiles or gates out of repair • Pheasant pens, feeders • Encroachment on width — temporary low priority/permanent higher priority • Outdoor agricultural storage — straw bales, manure heaps, silage • Temporary electric fences b. Nuisances — order of priority

• Dangerous animals — specifically unlawful bulls as per the Wildlife and Countryside Act, 1981 section 59 and dangerous dogs referred to in the Dangerous Dogs Act, 1989. • Unauthorised motor events • Shooting • Other leisure pursuits, for example golf or “war games” • Misleading Notices likely to deter users

Part F.3 - Maintenance and Improvement a. The exact extent to which public rights of way should be maintained is not set out in detail in any Act of Parliament. However, the courts have considered the question. It is held that the highway authority is under a duty to put a highway in such repair as to be reasonably passable for the ordinary traffic of the neighbourhood at all seasons of the year. The aim is therefore to maintain public rights of way in such a state “as to be safe and fit for ordinary public traffic”. It should be borne in mind that the type of maintenance required will vary from path to path. The aim should be to maintain a surface that is in keeping with the surroundings, thus paths and tracks through pasture, woodland, or arable crops will usually be maintained differently to those beside canals, through churchyards or along urban alleyways. b. Other questions which need to be asked include:

• Does the path cross a Scheduled Ancient Monument? • Does it pass through a National Nature Reserve, Site of Special Scientific Interest or other designated conservation area? • Does it affect a badger sett, bats or other protected species? • Appropriate consent should be obtained if any of the above applies. • Care is taken not to increase the county council’s maintenance liabilities, for example by installing steps or handrails where none previously existed. c. Maintenance: order of priority - in those cases where the surface of the public right of way or any part of its structure is publicly maintainable.

• Maintain and erect bridges - Highways Act, 1980 Section 328 (2).

Gloucestershire Local 76Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 • Ensure the surface is adequately drained - Highways Act, 1980 Section 100. • Maintain the surface so that it is reasonably level, and compact, (tarmac is only applied in exceptional circumstances). Plus maintain existing flights of steps. • Maintain and erect signposts and waymarks. • Clearance of natural vegetation growing from the surface of public rights of way. When appropriate, as in the case of headland paths, the aim should be to promote the growth of short vegetation, principally grass/herb layer, to provide a reasonably convenient surface for users. • Maintain revetting walls below and retaining walls above the surface, where they are the responsibility of the highway authority. (In practice many revetting and retaining walls are privately maintainable.)

Part F.4 - Nature and Level of Usage

By order of priority:

1. Functional Routes

Routes in daily use for access to local facilities, for example, shops, schools, places of work or residential property.

2. Recreational Routes

i) National Trails & – Offa’s Dyke Path, Thames Path, Cotswold Way; Regional Severn Way, Heart of England Way, Wye Valley Walk, Routes* Oxfordshire Way, Wychavon Way, Gloucestershire Way, Wysis Way, Three Choirs Way, Monarch’s Way, Sabrina Way. ii) Publicised local Numerous walks and rides, and other well- used paths * To gain ‘regional route’ status a route should meet Highway Authority criteria including the publication of an approved route guide.

3. Other public rights of way

i) Other Public – All other public footpaths, bridleways, “RUPPs” and Rights of Way byways, which go to make up the remainder of the network. ii) ‘Dead end’ – Usually given a very low priority unless they provide Public Rights of access to a specific location, such as a church, spring, Way or viewpoint or they join an “unclaimed” highway. * T

Part F.5 - Requests for Authorisation and Advice

When appropriate and lawful the highway authority gives applicants consent to:-

• disturb the surface of a PROW — so that utilities may be installed, for example.

• install new stiles or gates across PROW where none previously existed

• enclose public rights of way

• allow events, trials, fairs, displays

Gloucestershire Local 77Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11

• allow private vehicular use

Whenever possible the Highway Authority gives advice:-

• concerning the location or line of public rights of way

• about legal rights and responsibilities

• on works or structure specifications

Annex G. Legal Duties and Powers

Definitive map and statement and related activities – duties, powers.

Duties • To keep the definitive map and statement under continuous review [Wildlife and Countryside Act 1981, (WCA 1981) section 53; modified by Countryside and Rights of Way Act 2000 (CROW 2000) section 53*] • To re-classify roads used as public paths, [WCA 1981 s54; to be repealed by CROW 2000 section 47*] • To consider applications from certain landowners for a public path diversion or extinguishment order, (new sections 118ZA, 119ZA and 121 A-D to be inserted into HA 1980 by CROW 2000 Sch 6, 7-10 during 2005.) • To keep a register of applications for diversions and extinguishment orders, for modification orders and of section 31(6) depositions, (to be inserted by CROW 2000 during 2005.) Powers • To consolidate the definitive map, [WCA 1981 section 57]. • To create footpaths and bridleways by agreement with compensation or compulsory purchase, [HA 1980 sections 25/26]. • To make an order stopping up footpath/s or bridleway/s, [HA 1980 section 118]. • To make an order stopping up footpath/s or bridleway/s which cross a railway, [HA 1980 section 118A]. • To make an order diverting footpath/s or bridleway/s, [HA 1980 s119]. • To make an order diverting footpath/s or bridleway/s which crosses a railway, [HA 1980 section 119A]. • To stop up or divert footpaths or bridleways if satisfied it is necessary to enable development to be carried out, [Town and Country Planning Act 1990, (TCPA 1990) section 257] • To stop up or divert footpaths or bridleways temporarily if satisfied it is necessary to enable minerals to be worked and can be restored [TCPA 1990 section 261]. • To make a cycle tracks order under the Cycle Tracks Act 1984 section 3 to upgrade a public footpath to a cycletrack.

Gloucestershire Local 78Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Maintenance of Public Rights of Way - duties, powers.

Duties • To assert and protect the rights of public to the use and enjoyment of any highway including a duty to prevent, as far as possible, the stopping up or obstruction of highways, [HA 1980 section 130; amended CROW 2000 section 63]. • To maintain highways maintainable at public expense, [HA 1980 section 41]. • To prosecute re: disturbance of surface where desirable in the public interest, [HA 1980 section 131A; inserted by Rights of Way Act 1990 (RWA 1990) section 1]. • To enforce provision re: ploughing of footpaths or bridleways [HA 1980 section 134; amended RWA 1990 section 1]. • To remove snow or soil where it forms an obstruction [HA 1980 section 150]. • To erect and maintain signposts where any footpath, bridleway, byway open to all traffic, (BOAT), leaves a metalled road, [CA 1968 section 27]. • To erect such signposts if in the opinion of the Highway Authority this is required to assist persons unfamiliar with the locality to follow the way [CA 1968 section 27]. • To have regard to the needs of people with mobility problems when authorising stiles, etc. on footpaths, [CROW 2000 section 69]. Powers • To erect/maintain signposts along any footpath, bridleway, byway open to all traffic, [CA 1968 section 27]. • To adopt, i.e. become responsible for maintenance of, highways by agreement, [HA 1980 section 38]. • To improve highways, [HA 1980 section 62]. • To widen highways, [HA 1980 section 72]. • To construct a bridge to carry a public path, [HA 1980 section 91]. • To reconstruct a bridge forming part of a public path, [HA 1980 section 92]. • To drain highways, [HA 1980 section 100]. • To remove unauthorised marks, [HA 1980 section 132]. • To remove structures, [HA 1980 section 143]. • To repair stiles, etc, [HA 1980 section 146]. • To require cutting or felling of trees or hedges that are overhanging or a danger, [HA 1980 section 154; amended CROW 2000 section 65]. • To provide safety barriers on a cycle track, [CTA 1984 section 4]. • To make traffic regulation orders, [Road Traffic Regulation Act 1984, (RTRA 1984) section 1]. • To make a temporary traffic regulation order during works, [RTRA 1984 section 14]. • To enter land in connection with traffic signs, [RTRA 1984 section 71].

Gloucestershire Local 79Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Enforcement and prosecution - duties, powers

Duties • To assert and protect the rights of public to the use and enjoyment of any highway including a duty to prevent, as far as possible, the stopping up or obstruction of highways, [HA 1980 section 130; amended CROW 2000 section 63]. • To prosecute re: disturbance of surface where desirable in the public interest, [HA 1980 section 131A, inserted by Rights of Way Act 1990 (RWA 1990) section 1]. • To enforce provision re: ploughing of footpaths or bridleways, [HA 1980 section 134; amended RWA 1990 section 1]. Powers • To prosecute if expedient for the promotion and protection of the interests of the inhabitants of the area, [Local Government Act 1972 section 222]. • To remove unauthorised marks, [HA 1980 section 132]. • To remove structures, [HA 1980 section 143]. • To repair stiles, etc. [HA 1980 section 146]. • To require cutting or felling of trees or hedges that are overhanging or a danger, [HA 1980 section 154; amended CROW 2000 section 65]. • To require removal of barbed wire, [HA 1980 section 164]. • To make Traffic Regulation Orders, [Road Traffic Regulation Act 1984 (RTRA 1984) section 1]. • To make a temporary Traffic Regulation Order during works, [RTRA 1984 section 14]. • To require removal of signs, [RTRA 1984 section 69]. • To enter land in connection with traffic signs, [RTRA 1984 section 71].

Public rights of way infrastructure – duties, powers.

Duties • To assert and protect the rights of public to the use and enjoyment of any highway including a duty to prevent, as far as possible, the stopping up or obstruction of highways [HA 1980 section 130; amended CROW 2000 section 63]. • To maintain highways maintainable at public expense [HA 1980 section 41]. Powers • Many and varied

The new access rights – duties, powers.

Duties • None Powers • Making of bylaws, (CROW 2000 section17) • Appointing of wardens, (CROW 2000 section18) • Erection and maintenance of notices indicating boundaries, (CROW 2000 section19). • Provision of “means of access” to access land sites, including island sites, (CROW 2000 section 35). • Making access to island sites through legal process (CROW 2000 sections 37,38, 39). • Entering into agreements regarding the provision of means of access to land, (CROW 2000 section 33) • Undertaking necessary works if such an agreement cannot be reached, (CROW 2000 section 36).

Education and awareness – duties, powers.

Duties • Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the effect of section 47 (2) and 48 (8) of CROW 2000, (the blanket reclassification of roads used as public paths to restricted byways). Powers • An access authority may appoint wardens as respects access land in their area, for certain prescribed purposes, including to secure compliance with bylaws, to enforce any exclusion etc., and to advise and assist the public and persons interested in access land (CROW2000 s18).

Gloucestershire Local 80Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 • An access authority may erect and maintain notices indicating the boundaries of access land and excepted land, notices informing the public of any restrictions in place, and any other matters it considers appropriate, CROW 2000 s19 (1-4).

Community safety – duties, powers .

Duties • To provide footways by carriageways where necessary or desirable for the safety or accommodation of pedestrians, [HA 1980 section 66]. • To provide adequate grass or other margins by a carriageway where necessary or desirable for the safety or accommodation of ridden horses [HA 1980 section71]. • To have regard to the needs of people with mobility problems when authorising stiles etc. [CROW 2000 section 69]. Powers • To create footpaths and bridleways by agreement or order, with compensation [HA 1980 section 25/26]. • To improve highways [HA 1980 section 62]. • To provide on a footpath safety barriers for safeguarding persons using the highway [HA80 section 66; amended CROW 2000 section70*]. • To designate a footpath as a cycle track [Cycle Tracks Act 1984, (CTA 1984) section 3]. • To provide safety barriers on a cycle track [CTA 1984 section 4]. • To serve notice on an owner of land to execute any necessary work or protection, etc. to obviate a danger alongside a street, (HA 1980 section165). Note - power available to local authority, i.e. district council, in first instance. • To make a special diversion order or extinguishment order for the purposes of crime prevention and school security, HA 1980 sections118B/C and119B/C as inserted by CROW 2000 Schedule 6. • To make a Rail Crossing Order to divert or extinguish a public footpath or bridleway crossing a railway, HA 1980 section 118a & 119a, as amended. • Local Government Act 2000 section 2(1). Every local authority has the power to do anything which they consider is likely to achieve any one or more of the following objects: (a) the promotion or improvement of the economic well-being of their area; (b) the promotion or improvement of the social well-being of their area, and; (c) the promotion or improvement of the environmental well-being of their area. • Under the Health and Safety at Work Act 1974 both the county council and landowners have a duty, as far as is reasonably practicable, that the public are not exposed to any risks to their health and safety.

Gloucestershire Local 81Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Social inclusion and access for all duties, powers and policies.

Duties • To have regard to the needs of people with mobility problems when authorising stiles, etc, [CROW 2000 section 69*]. (Not in force at time of printing – expected to be commenced in 2005). • HA 1980 section147 to ensure that no undue interference is caused to users by the construction of a new stile gate or other work erected across a public footpath for certain reasons. • To have regard to the needs of disabled and blind persons in executing street works, [HA 1980 section175A]. • Disability Discrimination Act 1995: As a service provider to have reasonable regard to the needs of disabled users when providing services. • Race Relations Act 1976 section19B, (RRA76), as amended (1). It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination. • RRA 1976 section 71(1)(b). Every body shall, in carrying out its functions, have due regard to the need to promote equality of opportunity and good relations between persons of different racial groups Powers • To improve highways, [HA 1980 section 62]. • To provide on a footpath safety barriers for safeguarding persons using the highway [HA 1980 section 66; amended CROW 2000 section 70*]. • To widen highways [HA 1980 section72]. • Local Government Act 2000 section 2(1) Every local authority has the power to do anything which they consider is likely to achieve any one or more of the following objects: (a) the promotion or improvement of the economic well-being of their area; (b) the promotion or improvement of the social well-being of their area, and; (c) the promotion or improvement of the environmental well-being of their area.

Land manager liaison – duties, powers.

Duties • Highway authority shall contribute towards the cost incurred by owners in maintaining stiles and gates, (HA 1980, section 146(4). Powers

Partnership working – duties, powers.

Duties • To establish a Local Access Forum (CROW2000 s94)

Powers •

Economic development and regeneration – duties, powers.

Duties • Powers • Local Government Act 2000 section 2(1). Every local authority has the power to do anything which they consider is likely to achieve any one or more of the following objects: the promotion or improvement of the economic well-being of their area, (etc)

Permissive access in the countryside - duties, powers.

Gloucestershire Local 82Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Duties • None Powers • The Public Health and Open Spaces Act 1906 enabled local authorities to purchase any land as public open space. • CA1968 section 7 allows local authorities to purchase and provide country parks. • District councils were given a role in respect of the provision of such amenities, (NPACA 1949 section 76). • District authorities may also provide and manage car parks and picnic sites, (CA 1968 section10), and may be involved in managing registered commons • Commons with no registered owner may be ‘protected against unlawful interference’ by any local authority, in effect acting as a substitute for a landowner (s9 CRA65).

14. Gloucestershire Local Access Forum – the legal framework

Duties • Appointing authority (Gloucestershire County Council) to establish a Local Access Forum [CROW 2000 section 94(1)]. • It is the function of the LAF to advise the appointing authority (GCC) and the relevant authority, (the Countryside Agency and the Forestry Commission), as to the improvement of public access to land in the area for the purposes of open-air recreation and the enjoyment of the area, and as to other matters as may be prescribed, (CROW 2000 section 94(4)). • Before giving a direction under section 24, 25 or 26, (to exclude or restrict access to access land), the relevant authority, (i.e. the Countryside Agency or Forestry Commission), shall consult the LAF, (CROW 2000 section 27(1)). • Access authority to consult the LAF before making bylaws regarding access land, (CROW 2000 section 17(3)). • Access authority to consult with LAF before appointing persons to act as wardens for access land, (CROW 2000 section18(2)). • Before preparing or reviewing a ROWIP the access authority shall consult the LAF for the area, (CROW 2000 section 61(e)). Powers •

15. Planning – duties, powers.

Duties • To survey new paths agreed by a planning authority [Highways Act 1980 (HA 1980) section 27]. Powers • To stop up or divert footpaths or bridleways if satisfied it is necessary to enable development to be carried out, [Town and Country Planning Act 1990 (TCPA 1990) section 257].

• To stop up or divert footpaths or bridleways temporarily if satisfied it is necessary to enable minerals to be worked and can be restored [TCPA 1990 section 261].

16. Biodiversity – duties, powers.

Duties • To take reasonable steps to further conservation and enhancement of the defining features of an SSSI, where exercise of its functions is likely to affect those features. CROW 2000 Schedule 9 Para. 28G. • To notify English Nature before carrying out, or granting permission for the carrying out of operations likely to damage such features; and to comply with certain requirements if it then intends to act otherwise than in accordance with their wishes. CROW 2000 Sch. 9 Para. 28H and 28I. Powers • To make a diversion order, on application by English Nature, to prevent damage to the defining features of an SSSI. Highways Act 1980 s. 119D, inserted by CROW 2000 Sch. 6 Para 11. • Local Government Act 2000 section 2(1). Every local authority has the power to do anything which they consider is likely to achieve any one or more of the following objectives: the

Gloucestershire Local 83Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 promotion or improvement of the environmental well-being of their area. Annex H Digitisation and Consolidation of the Definitive Map and Statement

Introduction This paper summarises the requirements for the digitisation and consolidation of the Definitive Map of public rights of way. A detailed report was produced in December 2004 at the request of the Public Rights of Way Manager, and a copy of this was published within the Draft ROWIP. This summary paper includes a number of updates that are now apparent since the detailed report was issued.

Background Digitisation of the definitive map refers to making the information from the paper map available to users that have access to a computer. The information from the map is displayed using a GIS system (Geographic Information System).

Consolidation refers to publishing an updated definitive map, using a modern map base, whilst including all legal path changes that have occurred up to the date of republication. Gloucestershire’s existing definitive maps use Ordnance Survey maps largely from the 1950s (which cannot show the last 50 years of land development), and do not easily show the legal path changes that have occurred during this period.

DIGITISATION The Legal Position on Digitisation The investigations undertaken have revealed that it is not possible within the current law to move to a wholly digitised definitive map and dispense with a paper copy. Current law requires that any digitised definitive map must be reproduced onto hardcopy to perform its role as a legal document. There is no problem, however, in storing the data from which the definitive map is printed in a digital format.

Quality Level Gloucestershire digitised its path network back in the 1990s but the quality level of this data has since been an issue. Digitisation effort is required to bring the existing digitised path layer up to a standard where it can be released with confidence as the definitive map. There will be significant resource required to produce a digitised path layer of sufficient quality such that it can be used as the base for the definitive map. As a guide, it took Bedfordshire County Council seven man-years to undertake the same exercise, but with a path network half the size of Gloucestershire. The elapsed timescale to bring Gloucestershire’s digital data to the required level is likely to be expressed in man-years.

Digitised mapping and Ordnance Survey PAI To enable a digitised but non-definitive map to be issued to the public quickly to meet eGovernment targets, a specialist GIS company called TerraQuest has been engaged to undertake a data cleansing and correction exercise of the digitised paths for Gloucestershire. Each path will have its route checked against the definitive maps, and against any legal path changes since the maps were published.

This exercise is also addressing the effects of the Ordnance Survey Positional Accuracy Improvement (PAI) programme. The final phase cannot be completed until the Ordnance Survey complete their PAI programme in 2007.

It is anticipated that a digitised map of paths for Gloucestershire will be made available to the public in the first half of 2006, though the exact date is dependent upon the availability of the required website technology. The public will view this digitised map from the Gloucestershire County Council website (www.gloucestershire.gov.uk). This digitised map will show paths from the definitive map, plus most

Gloucestershire Local 84Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 legal path changes at that date. However, this digitised map cannot be considered as the definitive map as it will not have been checked to a sufficiently high level of accuracy due to resource limitations at this time.

To provide the required high confidence level in the quality of the digitised path layer to enable a fully digitised definitive map to be released to the public, a further detailed checking phase to verify routes will be required. Precise costs and timescales for this are not known at this time, but for example, additional verification is likely to be required where there has been considerable development of the land since publication of the original definitive map.

Map Scale Eventually Gloucestershire are likely to publish an updated definitive map from the digitised data on loose-leaf A1 sheets within ring-binders. The map base will be the latest available from Ordnance Survey, and this will provide immediate benefits to all users by representing the latest landscape features on the ground. Each map sheet would be sealed by the County Solicitor, and made available to the public upon request. A working copy of the sealed maps would be available to the public.

Initially, the map scale of 1:10,000 is likely to be retained. To publish the map at a larger scale e.g. 1:5,000 will require verification back to original source documents such as the 1923 maps from which the definitive map was produced. This will only be possible if resource can be found to undertake a significant route verification exercise. With the current volumes of legal path changes in progress, and the resources required to consolidate and re-publish at 1:10,000 scale, it is highly unlikely in the foreseeable future that Gloucestershire will move away from its current map base of 1:10,000 scale.

CONSOLIDATION Previous Consolidation Work Undertaken There have been two previous projects undertaken in an attempt to consolidate the definitive map. The first project began in the 1980s and the second began in the 1990s. Unfortunately, both projects failed to run to completion and in effect Gloucestershire’s definitive map remains unconsolidated and not updated. However, both projects have collated some good information that will benefit a future consolidation exercise.

Estimate of Consolidation Task Size The Milestones Statement 1996 provided an estimate for the resources required to undertake consolidation of the definitive map. The estimate provided was 10 man-years.

The investigations undertaken in 2004 provided a broad-brush update to these estimates and reduced the man-year estimates from 10 to 6 man-years. This is despite a 20% increase in the number of confirmed path orders since 1996. The rationale for reducing the estimate is based upon both the consolidation work already undertaken, and improved computer applications that are making the data collation easier.

Suggested format for Consolidation exercises The detail behind the consolidation methodology has yet to be drafted, and until this is done and resources can be made available a consolidation exercise cannot commence. At this time, it is envisaged that after one major consolidation exercise to bring the definitive map up-to-date, there will be an on-going consolidation programme. The exact nature of the process is yet to be defined but this may be on a rolling parish by parish basis.

Gloucestershire Local 85Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 CONCLUSIONS

Digitisation and Consolidation are linked exercises Digitisation and consolidation of the definitive map are linked exercises, and to a degree should run as parallel projects. This is because the digitised map base within Gloucestershire’s GIS system contains paths that are not yet consolidated into the definitive map. Therefore consolidation must happen in order to release an up-to-date definitive map from the digitised data.

Both digitisation and consolidation will be on-going processes, directly linked to the sequence and volume of confirmed legal path changes.

Protection of Existing Definitive Maps Until the definitive maps are digitised and consolidated, the existing maps will be afforded greater protection both from the daily use they sustain, and to reduce the possibility of theft of these important legal documents. Polyester film pockets and new map book covers have now been sourced to provide better protection to the maps. Some protection from theft will be provided by fitting a security key-pad to the door of the Shire Hall Map Library.

National Standards for Definitive Maps Definitive maps vary in their format between counties. This variation is largely in terms of the map scale used for the map, and the detail included within the definitive statement (the description for each path). Whilst the Countryside Agency undertook a comprehensive study in 2003 into the possibility of introducing national standards, their conclusion was that currently there are no national standards for the definitive map, and these are unlikely to be available in the foreseeable future.

Gloucestershire Local 86Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Annex I Glossary A quick guide to many terms used in this Plan.

Access Authority: Access authorities are usually local highway authorities. Access authorities have a range of powers to enable, and manage, access in their areas. These include powers to put up notices and signs, to improve entrance points to the land and to make new byelaws. They also have powers to appoint wardens to, among other things, secure compliance with byelaws, restrictions and exclusions, and to advise and assist the public and land managers.

Access Land: Land where the public normally have a right of access on foot under the CROW Act. Access Land includes open country (areas of mountain, moor, heath and down), registered common land and land dedicated for the purpose by its owner. Access rights provided by legislation other than the CROW Act can be for higher rights.

Areas of Outstanding Natural Beauty (AONBs): Areas designated by the Countryside Agency under the National Parks and Access to the Countryside Act 1949 as being of national importance for their natural beauty, including flora, fauna, geology and landscape, which should be conserved and enhanced. There are three that affect Gloucestershire. The Cotswolds AONB is the largest such body in the country, the Wye Valley AONB covers the westernmost part of the county, and the Malvern Hills AONB is the smallest.

Best Value Performance Indicator (BVPI): A national measure of performance set by central government that allows comparison between authorities. BVPI 178 is a measure of ease of use of public rights of way.

Byway Open to All Traffic (BOAT): A public right of way used predominantly by walkers, horse- riders and cyclists but which may also be used by motor vehicles.

Creation Agreement: An agreement made between a local authority and any person that has the capacity to dedicate a footpath or bridleway in its area.

Creation Order: An order made by a local authority to create a footpath or bridleway.

Cross Compliance: The conditions that a producer must respect (maintain their land in good agricultural and environmental condition and complying with requirements relating to the environment, public and plant health, and animal health and welfare) in return for support under the Single Payment Scheme.

CROW Act: The Countryside and Rights of Way Act 2000.

Cycle Route: A term used to describe a continuous route that is promoted for cyclists. Such a route is likely to be made up of roads, cycle tracks, cycle lanes and shared-use routes.

Cycle Track: A public right of way on pedal cycles with or without a right of way on foot. A cycle track may run alongside a carriageway or it may be off-road.

Cycle Track Order: An order made by a local highway authority to designate a public footpath as a Cycle Track. Definitive Map: The legal record of public rights of way (footpaths, bridleways, restricted byways and byways open to all traffic).

Gloucestershire Local 87Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Definitive Statement: The statement which accompanies the Definitive Map, describing in detail the rights of way.

DEFRA: Department for Environment, Food and Rural Affairs.

Discovering Lost Ways Project: A national project working systematically towards a Definitive Map which reflects existing rights. It is doing this by examining the key historical documents involved and recording evidence of the existence (or in some cases closure) of historical ways, and submitting claims to amend the Definitive Map.

Diversion Order: An order made by a local authority to alter the route of a footpath or bridleway.

Environmental Stewardship: An agri-environment scheme which provides funding to farmers and other land managers in England who deliver effective environmental management of their land. A primary objective of the scheme is to promote public access and understanding of the countryside. Environmental Stewardship requires land managers to maintain existing public rights of way and abide by the relevant legislation.

Extinguishment Order: An order made by a local authority to permanently close a footpath or bridleway. Hectare An area of land equal to 10,000 square metres (for example, 100 metres by 100 metres) and equivalent to 2.47 acres.

Highway Authority: The authority responsible for managing the highway network (including public rights of way) in its area.

Local Access Forums (LAFs): Advisory bodies established by the local highway authority under the CROW Act to advise on the improvement of public access to land for the purpose of open-air recreation and enjoyment of the area. The Gloucestershire Local Access Forum is the only Local Access Forum in the county.

Local Authority: The highway authority and also any district council.

Local Transport Plan (LTP): A plan produced by the local highway authority to co- ordinate and improve local transport provision. This is a requirement of the Transport Act 2000. The ROWIP forms a strand of the LTP and will help to deliver its objectives.

Modification Order (DMMO): An order made by a surveying authority to amend the Definitive Map and Statement.

National Cycle Network (NCN): A promoted network of about 9,500 miles of signed cycle routes across the United Kingdom.

National Trail: A long-distance walking or riding route approved by the Government and developed and supported by the Countryside Agency in conjunction with the local authorities through whose areas the route passes.

Permissive Access: A route that is not a public right of way but where the landowner has granted permission to use the way (or does not object to its use). Access could be along a linear route or to an area of land.

Gloucestershire Local 88Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Public Bridleway: A public right of way which can be used by walkers and horse-riders. Cyclists also have a right of way, but must give way to walkers and horse-riders.

Public Footpath: A public right of way which can be used by walkers.

Public Path Order (PPO): A collective term for creation, diversion and extinguishment orders.

Public Right of Way: A way over which the public have a right to pass and repass.

Regional Route: A long distance route that is promoted for leisure and recreation.

Restricted Byway: A public right of way for walkers, horse-riders and non-mechanically propelled vehicles (such as horse-drawn vehicles and bicycles). Restricted byways will be created when provisions in the CROW Act are brought into operation.

ROWIP: Rights of Way Improvement Plan. The CROW Act requires each local highway authority to publish a ROWIP for its area.

Signpost: Signposts are provided where public rights of way leave any metalled highway, and usually consist of a post and a pointer or arrow to direct people along the way.

Single Payment Scheme (SPS): A scheme which replaces most existing crop and livestock payments requiring land managers to keep their land in Good Agricultural and Environmental Condition (GAEC) and comply with a number of specific legal requirements. Meeting these requirements is known as cross compliance. GAEC8 is a cross compliance measure relating to public rights of way and reinforces existing legislation under the Highways Act 1980.

SSSI – Site of Special Scientific Interest: a site with nationally important designation protected by law as a result of its biodiversity or geological value.

Stile: Fixed device allowing the passage of pedestrians over or through a fence, wall or hedge, while forming a barrier to livestock or other animals, cycles and vehicles.

Surveying Authority: The local authority which has responsibility for keeping the Definitive Map and Statement up to date.

SUSTRANS: A sustainable transport charity that works on practical projects to encourage people to walk, cycle and use public transport in order to reduce motor traffic and its adverse effects.

Traffic Regulation Order (TRO): An order made by a traffic authority to restrict or regulate traffic on a road. TROs are most commonly used to regulate or restrict motor traffic, for example, through speed limits or waiting restrictions, but can be used to regulate cyclists, horse-riders and walkers. A TRO may be permanent, temporary, seasonal or experimental.

Waymark: A small round disc used to direct people along a public right of way.

Some of the above definitions are derived from the Countryside Agency publication CA210 Managing Public Access: A Guide for Land Managers (March 2005).

Gloucestershire Local 89Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager Appendix F Rights of Way and Countryside Access Improvement Plan 2006-11 Annex J Current PROW team resources (2005/06)

1. The Rights of Way Department of Gloucestershire County Council is contained within the Environment Department. The Department is responsible for the management of a network of 9,662 paths, extending to 5,467km

2. The network is comprised of

8,448 public footpaths (4,511km) 815 bridleways (696km) 399 RUPP’s / BOAT’s (260km) all falling within 266 parishes and the two urban areas of Gloucester and Cheltenham.

3. The management of the rights of way network incorporates the following main areas of work

- maintenance of the rights of way network (including enforcement) - definitive map work - the management and administration of access land - preparation of a Rights of Way and Countryside Access Improvement Plan - support to the Gloucestershire Local Access Forum

4. Current staff resources Manager 1 Deputy Manager 1 Principal Rights of Way Officer 1 Rights of Way Officers 8 PROW Works Staff 2 Office Administration 1.6 Definitive Map team (Public Path Orders) 2 Def Map team (Modification Orders) 2.5 Temporary closures/Electronic mapping etc 2 Temporary staff (mapping/administration) 2

Cotswold Way Team 3.6 (Provided entirely with grant aid from the Countryside Agency)

The department works closely with District, Town and Parish Councils, user and interest groups, volunteers, landowners and other interested parties. Maintenance work is carried out by works staff, contractors employed and supervised by PROW Officers or volunteers

5. Financial Resources

The total core public rights of way revenue budget for 2005/06 was £938,000. This provided funding both for staff (some 65%) for office support and for works (some £190,000).

In addition the Cotswold Way team, engaged to develop the national trail through the four county areas it passes through has enjoyed a budget of £350,000 funded mainly by the Countryside Agency, though the county council makes a small contribution of 25% towards maintenance costs.

Finally some £40,000 was awarded through the Access Management Grant Scheme for works to prepare and implement improvements to access and signage on CROW Access Land.

Gloucestershire Local 90Transport Plan 2006-2011 Strategy Officer: Mark Parker, Public Rights of Way Manager