Section 6.2 - Surfacing Works

Maintenance liability

The extent of the duty to maintain [HA80 s41] requires that PRoW should be kept in such a state as to be safe and fit for ordinary traffic which could reasonably be expected to use it. In practice, the decision as to what surface to provide, if any, will be the level of use and its legal status. There is no obligation to provide a metalled surface or similar on a byway to enable the public to use the route with vehicles.

Dual liability

Many PRoW are privately maintainable to a higher status. Where dual liability exists the Highway Authority is only responsible for maintenance to the public status. If, for example, a landowner has provided a sealed surface for vehicular use on a farm track that has public bridleway rights, the Highway Authority cannot be held responsible for maintenance beyond that required for reasonable bridleway use. In such instances HCC's contribution will be set in accordance with current policy contained in the Code of Practice for Rights of Way. [Policy 8-Executive Committee-Agenda item 4-29January2001]

Where works on PRoW are going to be jointly funded in this way, officers need to ensure that the HCC contribution is invoiced directly to HCC. Officers should raise an order so that the VAT can be reclaimed.

6.2.2 Surfacing of PRoW

The majority of public rights of way will have a natural surface. Surfacing works will be carried out where damage to the surface or failure of the drainage system presents a significant threat to public safety. Where no significant risk to public safety exists problems will be prioritised according to the level of use. Where the first two factors are absent or the same work will be prioritised according to its impact on the network

The type and nature of any surfacing work is largely dependant on factors such as status, the severity of the problem and width. Detailed analysis of the requirements of different user groups and the capabilities of different materials can be found by clicking on the following links:

Section 6a - Suitability by material type

Section 6b - Surface requirements by user type

Current best practice is the use of recycled crushed concrete for multi-use routes (i.e. Bridleways or higher) as this provides a durable surface that quickly blends in with the landscape. The link below is HCC's current surfacing specification.

Current surfacing specification (pdf 37kb)

Surfacing work should restore a route to a useable state that is fit for purpose. The provision of a semi-sealed surface is normally the highest standard that could be expected. Multi-user routes will normally conform to the shared construction approach, where all users will pass over the same material. Where a route has a sealed or semi-sealed surface, a grassed natural surface may be provided alongside, which could be used by horse-riders.

Where materials are to be imported these should be kept to a minimum, and be chosen according to both practical and environmental considerations. The use of recycled (sustainable) materials is preferred, provided these are free from contaminants. Consideration should be given to the practical nature of the materials i.e. durability, permeability and other environmental factors such as colour, pH value, sustainability of the resource and visual impact.

The wearing surface should exhibit as many of the following qualities as possible:

It is unlikely that any one surfacing material will fulfil all of the above requirements and therefore a compromise will have to be made between the quality of the wearing surface and the types of material available at a reasonable cost. The considerations above i.e. sustainability and durability should be taken into account.

In severe cases a sub-base, geotextile and a surface layer will be required. The strength of the existing ground should be utilised as much as possible which may require a survey of soil strength.

After carrying out any surfacing works paths should be regularly maintained to ensure that the path surface does not deteriorate, and remains free of potholes, cracks, and other obstructions.

6.2.3 Width of PROW

The width that should be surfaced will depend on the legal width, the status and any physical restriction. Except where the legal width is narrower HCC recommend a minimum width of 2m for footpaths, to allow for free movement of two-way traffic by all pedestrians, including wheelchairs and pushchairs, and a minimum width of 4m for all other PRoW. Consideration should be given to the provision of verges, ditches and or dual-construction for multi-use routes. These may constitute part of the recommended width where physical restrictions apply .i.e. Dual-use 2m + 2m; 3m surface + 1m wide ditch. Otherwise treat 2m/4m as the minimum width.