Rights Of Way Guidance Updated, Old Notes Archived

UK Gov

The Planning Inspectorate has archived and consolidated some of it's Rights of way advice notes into the Rights of Way Guidance booked.

The Planning Inspectorate, as part of its work to support the recording and changing of public rights of way, has previously published advice notes. These advice notes have been published on an ad-hoc basis and mainly in response to issues or queries which have arisen in relation to casework.

As these advice notes relate to policy and legal guidance matters, this responsibility falls outside of the remit of the Inspectorate. It has therefore been decided that rights of way advice notes produced by the Inspectorate will no longer be updated and will be archived on GOV.UK.

The Inspectorate has an important role to play in guidance on procedural matters, so to make this information more accessible, you will now be able to find this guidance in a Rights of way guidance booklet .

The table below sets out the outcome for each advice note following this change:

No.Advice noteUpdate
1Conduct of inquiries into ordersSee appendices of Rights of way guidance booklet
3case law, legal submissions at inquiries, new evidenceSee appendices of Rights of way guidance booklet
5precedence AN5 Archived. Will no longer be updated by the Inspectorate
6Sunningwell judgment AN6 Archived. Will no longer be updated by the Inspectorate.
8the definition of byway open to all traffic AN8 Archived. Will no longer be updated by the Inspectorate.
9general guidance to inspectors on public rights of way mattersSee appendices of Rights of way guidance booklet
11the meaning of 'private carriage road' AN11 Archived. Will no longer be updated by the Inspectorate.
12vehicles and rights of way AN12 Archived. Will no longer be updated by the Inspectorate.
14legal memory AN14 Archived. Will no longer be updated by the Inspectorate.
15breaks in user caused by foot and mouth AN15 Archived. Will no longer be updated by the Inspectorate.
16widths on ordersSee appendices of Rights of way guidance booklet
19Human Rights Act 1998 AN 19 Archived. Will no longer be updated by the Inspectorate.
20Inspectors' powers to modify definitive map modification ordersSee appendices of Rights of way guidance booklet
21procedural irregularitiesSee appendices of Rights of way guidance booklet
22use of correct notation on order mapsSee appendices of Rights of way guidance booklet
23representations and objectionsSee appendices of Rights of way guidance booklet

Guidance included in the appendices of the rights of way guidance will be more fully integrated at a later date.

Please note: consistency guidelines have also been archived and will not be updated by the Planning Inspectorate.

If you have any questions about these changes please contact

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