Public Rights of Way

Boundaries and Status

For over 30 years Jenny and her Associates have undertaken a variety of highway law and public rights of way functions including determining, mainly through research (including historical mapping) and indepth legal knowledge, the status and boundaries of any given highway be it a road, footpath, bridleway, byway or restricted byway.

 

S53 Wildlife & Countryside Act 1981 (WCA81) Applications
The team have increasingly been involved with undertaking all research, consultation, interviewing, site inspections and the writing up of final reports and recommendations for applications relating to footpaths, bridleways, byways and restricted byways which are made under S53 WCA81 as well as processing the resulting statutory Modification Orders, where relevant.

We have also been successful in winning cases where Orders are made, we have objected and achieved the outcome of the Orders not being confirmed.

 

Definitive Map and Statement

Assisting local authorities with drafting, consolidating and keeping their public rights of way Definitive Maps and Statements under continuous review is what we are used to. Interpreting them for private clients is what we are good at.

 

s130A-D Highways Act 1980 Applications
Assisting clients with making application to their local highway authority seeking the removal of obstructions from public footpaths, bridleways or byways and guiding them through the process.

 

Rights of Way Improvement Plan
We have experience in drafting Rights of Way Improvement Plans and assisting with their implementation and review.

 

Statutory Orders and Regulations
We undertake the drafting of various forms of statutory orders, including Definitive Map Modification Orders, Legal Event Orders, Road and Public Path Orders (ie diversion, extinguishment and creation orders) and Traffic Regulation Orders.
We are skilled in the public rights of way procedures required and have the knowledge and expertise to advise on which Orders are appropriate to individual circumstances.

 

Reclassifications
The team can undertake all requirements and processes for reclassification of unrecorded public rights of way and/or those footpaths, bridleways, byways and restricted byways that may be recorded on the Definitive Map and Statement incorrectly.

 

Obstructions
Members of the public can now make application Under s130A-D Highways Act 1980 direct to the Magistrates Court seeking removal of obstructions on public footpaths, bridleways, byways and restricted byways if they consider that the highway authority have failed in their duty under s130 Highways Act 1980. We can assist by ensuring that the procedure is correctly followed.

 

Expert Witness Support
We are able to offer expert witness support from Jenny Trevor who has stood as expert in many public rights of way (ie footpath, bridleway, byway), roads, cycle track, traffic infringement and accident cases and public inquiries. She has extensive experience in dealing with complex documentary evidence and provides advocacy, if required. She is registered on the Sweet and Maxwell Legal Hub Directory of Expert Witnesses and the UK Register of Expert Witnesses and is licensed by the Bar Council to instruct Counsel.

 

Training
Jenny lectured a module entitled ‘An Introduction to Highway Law’ at Anglia Ruskin University for many years and provided customised training (including public rights of way) to a variety of clients in both the public sector and private sector.

 

On 1 April 2013, Jenny was appointed as a Director of the Institute of Public Rights of Way and Access Management (IPROW)

 

For further details, advice or assistance contact
Jenny Trevor on +44 (0) 207 193 2053 or go to '
contact us'