Highways Act 1980

Under the Highways Act 1980 we can create, divert and extinguish footpaths and bridleways for three reasons.

• As a result of applications from landowners.
• Proactively as part of small-scale improvement.
• Through reorganisation schemes, often initiated by Parish Councils or P3 Co-ordinators.

Wildlife and Countryside Act 1981

Under the Wildlife and Countryside Act 1981 we process applications from the public to:

• Register unrecorded Public Rights of Way.
• Register unrecorded higher rights over existing Public Rights of Way.
• Alter the Definitive Map and Statement for evidential reasons.

We also proactively modify the Definitive Map and Statement under this legislation after discovering evidence of unrecorded rights, or inaccuracies ourselves.

This is to ensure that the Definitive Map and Statement remain a correct record of the public’s rights. These types of Order are purely evidence-based.

Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000 has introduced new powers and duties for the County Council in relation to Countryside Access. The unit  has the task of balancing these with our existing workload.

One important element of the CROW Act 2000 is the introduction of a cut-off date (2026) when any unrecorded historical Public Rights of Way in existence prior to 1949 will be automatically extinguished.

Lost Highways Project

The County Council is proactively seeking to register unrecorded Public Rights of Way in time for the cut-off date before they are lost. We have set up a ‘Lost Highways Project’ See Lost Highways for more information on this. 

Planning Applications and Permission

The Definitive Map and Records Unit also respond to:

• Consultations from the District Councils on applications for Planning Permission. 
• Small individual applications for house extensions.
• Large-scale developments such as Cambourne or the Guided Bus scheme.

We strive to guarantee the protection of Public Rights of Way which are affected by development and also to use development as an opportunity to improve countryside access and create new access opportunities.

We have produced a set of guidance notes for planners and developers to inform them of our requirements where Public Rights of Way are affected by development. See publications for further information on this.