Section 5.1 - Widths of PRoW (updated)

The width of public rights of way is frequently a contentious issue. The following guidance is intended to help officers when faced with problems relating to the width of paths. Ultimately the decision relating to the width of path is a matter of evidence which may need to be decided in the courts.

  1. Check for widths in the Definitive Statement: There is provision in the Definitive Statement to record the width of a right of way. However, very few paths contain any details to that effect. Wherever possible new paths are being more carefully defined but the vast majority of paths still have no defined width. Where the width of a path is recorded in the Definitive Statement this is conclusive evidence of the minimum width of the path.
  2. Check for widths in other Legal Orders: Paths established by Public Path Order (Section 4) or set out in an Inclosure award may have a width defined by the Order that has not been recorded in the Definitive Statement. The Definitive Map Team may be able to help establish if this is the case. Where such evidence can be found it would be useful to make an Evidential Modification Order to show these changes in the Definitive Statement.
  3. In cases where the path runs between two established boundary features, such as ditches or hedgerows, the whole width between these boundaries can be presumed to be available (provided the features were laid out with reference to the highway. This is often difficult to assess, and common sense should apply). For example, ditches lining an ancient green lane can be used as reliable evidence of the width. However, fencing surrounding a garden or other property is unlikely to be reliable evidence.
  4. Where a path is not defined by physical boundary features or other legal documents (see 1 and 2 above) it is a matter of evidence to prove the width. Officers should use the standard promoted widths as a rule of thumb, for enforcement and maintenance purposes, until such evidence comes to light. Check user evidence - ask people in village/parish, ask neighbours etc.
  5. Documents to check:

Check with DM officer and check with Land Registry, Schools, Rural Estate, Social Services etc., all properties owned by HCC (no need to check these with Land Registry), ask County Terrier or other depts property services direct.

Very last resort in lack of evidence cases may consider priority of route and Rights of Way Improvement Plan and Creation Orders.

5.1.1 Standard widths of public rights of way

Except where the legal width is narrower HCC recommend a minimum physical width of 2m for footpaths, to allow for free movement of two-way traffic by all pedestrians, including wheelchairs and double pushchairs, and a minimum physical width of 4m for all other PRoW. All PRoW should have 3m minimum overhead clearance.