Appendix I - Glossary

Agriculture

Includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes. [HA80 s329]

Area of Outstanding Natural Beauty (AONB)

Areas designated by the Countryside Commission under sections 87 and 88 of the National Parks and Access to the Countryside Act 1949. Part of the Chiltern Hills AONB can be found in western Hertfordshire.

Boardwalk

Wooden walkway designed to cross especially boggy ground or sensitive areas.

Bridleway

A highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot, a right of way on horseback or leading a horse, with or without the right to drive animals of any description along the highway, and a right of way on bicycle. [HA80 s329, CA68 s30]

Byway, Byway Open To All Traffic (BOAT)

A highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used. [WCA81 s66]

Carriageway

A way comprised in a highway, being a way (other than a cycle track) over which the public have a right for the passage of vehicles. [HA80 s329]

Countryside Access Manager (CAM)

The unit head of HCC's Rights of Way unit also known as Head of Rights of Way.

Countryside Access Officer (CAO)

An officer of HCC Rights of Way unit responsible for the maintenance and enforcement of the PRoW network in Hertfordshire.

Countryside Agency

The new statutory body providing advice to local and central government and taking action on issues relating to the environmental, economic and social well-being of the countryside. The Countryside Agency resulted from the merger of the Rural Development Commission and the Countryside Commission on 1 April 1999.

Countryside Commission

See Countryside Agency.

Countryside Management Service (CMS)

The CMS works with landowners, communities and volunteers in Hertfordshire and north London to enhance, care for and promote enjoyment and awareness of the countryside.

County Road

A route over which the public have a right of way in vehicles and which is maintained by the county council and is not shown on the DM as a BOAT or RUPP.

CSS (County Surveyors Society)

The organisation formerly known as the County Surveyors Society whose regional sub-groups develop ideas and promote discussion regarding the management of PRoW on a national basis.

Definitive Map and Definitive Statement

The Definitive Map (DM) is a map maintained by the County Council which records the position and status of Public Rights of Way in Hertfordshire.

The Definitive Statement (D.S.) is a list maintained by the County Council which contains a description of each Public Right of Way shown on the Definitive Map.

Together they form a legal document - 'The Definitive Map and Statement of Public Rights of Way in Hertfordshire'(DM&S). This is conclusive evidence for what it shows, although there may be other routes with public rights that are not included and it does not preclude the existence of higher rights.

Definitive Map Modification Orders

Legal Orders which modify the Definitive Map and Statement as a consequence of events set out in the Wildlife and Countryside Act 1981 s53 (3).

Department of the Environment (DoE)

See DETR

Department of the Environment, Transport and the Regions (DETR)

Central government department whose remit covers Rights of Way and Countryside Access. Formed by the merger of the departments of Environment (DoE), Transport (DoT) and on 16th June 1997.

Evidential Modification Orders

Legal Orders which modify the Definitive Map and Statement as a consequence of events set out in the Wildlife and Countryside Act 1981 s53 (3) b,c.

An Evidential Modification Order is a legal order based on evidence that results in modifications to the Definitive Map and /or Definitive Statement. Evidence is normally based on historical documentary records but can also be based on uninterrupted use for a period of 20 years.

Field-edge path

A public path that follows the sides or headlands of a field or enclosure. [HA80 s329]

Footpath

Public path over which the right of way is on foot only; this can reasonably include pedestrians with pushchairs, dogs and/or wheelchair users.

Footway

A Public Right of Way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only. [HA80 s329]

Founderous

Surface condition that displays deep rutting and potholes. It may be waterlogged and presents a serious impediment to path users.

Furniture

Items which are fixed in some way and are intended to enhance the PRoW. This includes, signposts, waymarks, information boards, benches. Some are legal duties others are powers.

GeogIA

The Environment Department's directory of geographic information. Available on Envisage. Lists and describes all the digital datasets available for internal use by staff in the authority.

Headland path

See field-edge path

Hertfordshire Archives and Local Studies (HALS)

Formerly the County Record Office (CRO).

Hertfordshire Biological Records Centre (HBRC)

A unit of HCC responsible for the gathering of scientific information about the ecology of the county for the conservation of Hertfordshire's natural environment.

Hertfordshire County Council (HCC)

The Highway Authority for Hertfordshire in respect to Public Rights of Way except where agency agreements exist with District and Borough Councils.

HeRoWD

Hertfordshire Rights of Way Database - the new database used by RoW to manage occurrences on the PRoW network.

Hoggin

Aggregate with high clay content

Land Charges

A section of the County Secretary's department dealing with land charges.

Landowner

The person who owns the land, although there may be more than one, eg. where there is a tenant as well as the freehold owner.

Legal Event Modification Order (LEMO)

Legal Orders which modify the Definitive Map and Statement as a consequence of events set out in the Wildlife and Countryside Act 1981 s53 (3) a.

Limitations

A restriction on the publics' use of a highway that is recorded in the Definitive Statement or can be shown to have been in place when the route was dedicated to the public and which has remained there ever since, without a break of twenty years.

List of Streets (Street Gazetteer)

The list of streets is a list of highways maintainable at public expense (normally with vehicular rights), maintained by HCC as a duty under the Highways Act 1980 s36.

Local Planning Authority (LPA)

The Local Planning Authority is the authority with the responsibility for considering planning applications and monitoring related development. With the exception of 'County Matters' (which extend to minerals and waste applications and are dealt with by the County Council), the LPA will be the relevant District or Borough Council.

Metalled Road

Any highway, or way to which the public have access, whose surface consists of road-metal continuously along its entire length.

Motor Vehicles

To include motorcyclists and the drivers of motor vehicles.

Navigational aids

Waymarks and signposts to assist persons navigating the network.

Obstructions

Anything which substantially prevents the public from having access over the whole of the highway which is not purely temporary in nature may be an unlawful obstruction.

Occupier

The farmer, tenant responsible for the land but not necessarily the owner.

Officer

HCC Rights of Way officer, and District officers having specific powers delegated under the agency agreements.

Order Making Authority (OMA)

The authority with statutory powers to make orders will depend on the nature of the Order but is likely to be either the County or the District council.

Ordnance Survey (OS)

The National Mapping Organisation for the United Kingdom.

Parish Paths Partnership (P3)

A partnership between Highway Authority, local councils and voluntary groups. The aim of which is to give local people the resources and skills to enable them to improve the condition of their rights of way and to keep them open and in use.

Public path

A highway that is either a footpath or a bridleway. [WCA81 s66]

Public Path Order (PPO)

These include the following:

Public path creation agreement - an agreement under s25 of the 1980 Highways Act.

Public path creation order - an order under s26 of the 1980 Highways Act.

Public path diversion order - an order under s119 of the 1980 Highways Act.

Public Path extinguishment order - an order under s118 of the 1980 Highways Act.

Public Rights of Way (PRoW)

Paths considered to be public for the purposes of Rights of Way work.

  1. Paths for which orders exist subsequent to the last consolidation of the Definitive Map.
  2. Paths for which HCC has copies of dedications and creations (subject to later lawful change).
  3. Paths on the Definitive Map but excluding those that have been lawfully diverted or stopped up.

Restricted Byway

New type of Public Right of Way introduced by the Countryside and Rights of Way Act 2000. Restricted Byways will be created by the statutory redesignation of RUPPs. A restricted byway includes a right of way on foot, horse and non-motorised vehicles i.e. horse-drawn carriages, cycles etc but no other rights of way [CROW2000 s47/s48/s49].

Restrictions

Emplacement that restricts access to, or protects users of, a particular section of the network or property. Authorised restrictions are usually only in place for the purpose of preventing ingress or egress of animals [HA80 s147] or as limitations.

Road-metal

Broken stone used in road-making or for railway ballast.

Road Used as a Public Path (RUPP)

Public path over which the right of way is the same as a Bridleway, although some may have public vehicular rights.

Rights of Way (RoW)

The Rights of Way Unit of Hertfordshire County Council.

Rights of Way Law Review (RWLR)

A periodical containing up-to-date case rulings and interpretation on aspects of Rights of way legislation.

Rights of Way Manager

See Countryside Access Manager

Signposts

Term used to describe all metal signs (and their constituent parts) erected in compliance with CA68 s27.

Statement of Policies

Document endorsed by members of the County Council's Executive Committee (January 29th 2001), including the framework of the new approach to the management of the rights of way network, the new priorities and the new policies. (Appendix A).

Statement of Priorities

Document listing the order in which Definitive Map cases will be dealt with. The Statement of Priorities is reviewed annually by the Definitive Map Team.

Status

The classification given to individual Public Rights of Way; can be either Footpath, Bridleway, Byway Open to All Traffic or Road Used as a Public Path.

Statutory Undertakers

Persons authorised by any enactment to carry on any of the following undertakings:

  1. a railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or
  2. an undertaking for the supply of electricity, gas, water or hydraulic power. [HA80 s329]

Sub-base

Imported material that is intended to form the foundation for final surface preparation.

Surface

The top part of a PRoW that is in direct contact with the users. This may be:

Waymark

Term used to describe a coloured arrow (indicating PRoW status) attached to a post or existing structure, to aid persons unfamiliar with the locality in navigating along the route of the PRoW, and erected in compliance with CA68 s27