49-836: The Downs Link is a 36.7 miles (59.1 km) path and bridleway linking the North Downs Way at St. Martha's Hill in Surrey with the South Downs Way near Steyning in West Sussex and on via the Coastal Link to Shoreham-by-Sea . This is part of the National Cycle Network as National Route 223. For much of its route, the Downs Link follows the course of two dismantled railways -
98-455: A 'public path creation agreement') with a relevant landowner to create a footpath or bridleway over land in their area. The local authority has to consult any other local authority in whose area the path will be, but does not have to consult more widely. There is no provision for anyone else to be consulted or to object. The agreement must be advertised in the local paper, and the route is automatically maintainable at public expense. Section 30 of
147-735: A commendation in the National Conservation Award Scheme jointly organised by The Times newspaper and the Royal Institution of Chartered Surveyors . The Downs Link is not a National Trail within the meaning of the National Parks and Access to the Countryside Act 1949 , but a trail of regional importance supported by three local authorities - Surrey County Council, West Sussex County Council and Waverley Borough Council. For many years,
196-473: A green corridor as a safer alternative to the hazardous stretch of road..Another missing section in the Downs Link was filled in April 2007 with the granting of a new right of way from Baystone Bridge, along the route of the old railway line, to a point near Christ's Hospital station. In 2011, Christ's Hospital School purchased a 1.6 km (0.99 mi) section of the old line from Christ's Hospital station to
245-845: A practice which was rare before the middle of the 20th century. Examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998 . Measures and Acts of the Senedd apply in Wales, but not in England. Following the Government of Wales Act, effective since May 2007, the Senedd can legislate on matters devolved to it. Following a referendum on 3 March 2011 , the Senedd gained direct law-making powers, without
294-490: A presumed deed that has been lost; known as the doctrine of "modern lost grant". Paths created by express dedication since 1949 are not automatically maintainable at the public expense as a result of s.49 National Parks and Access to the Countryside Act 1949 . Section 25 of the Highways Act 1980 allows a local authority (that is, a district or county council, or a unitary authority) to enter into an agreement (known as
343-437: A public footpath normally only extends to walking (there may be other unrecorded rights as well), so there is usually no right to cycle or ride a horse on a public footpath. However, it is not a criminal offence to do so unless there is a traffic order or bylaw in place specifically: it is a civil wrong to ride a bicycle or a horse on a public footpath, and action could be taken by the landowner for trespass or nuisance by
392-594: A reference to "England" in legislation included Wales, and so in 1746, Parliament passed the Wales and Berwick Act 1746 . This specified that in all prior and future laws, references to "England" would by default include Wales (and Berwick-upon-Tweed ). The Wales and Berwick Act was repealed by the Welsh Language Act 1967 , although the statutory definition of "England" created by that Act still applies for laws passed before 1967. In new legislation since then, what
441-409: A result of the burden of maintenance required by the National Parks and Access to the Countryside Act 1949 , and so are now wrongly recorded on the definitive map. Definitive Map Modification Orders are needed to correct these errors. A byway open to all traffic (or BOAT) is a highway over which the general public have a right to travel for vehicular and all other kinds of traffic , but which
490-437: A right of way , and in addition, there is a general presumption of access to the countryside (" right to roam "). Private rights of way or easements also exist (see also Highways in England and Wales ). Definitive maps of public rights of way have been compiled for all of England and Wales , as a result of the National Parks and Access to the Countryside Act 1949 , except the 12 Inner London boroughs, which, along with
539-482: A stopping up order) exists then the right of way is conclusive in law. Just because a path is not shown on that map does not mean that it is not a public path, as the rights may not have been recorded – the legal principle being "once a highway, always a highway". The Countryside Agency estimated that over 10% of public paths were not yet listed on the definitive map. The Countryside and Rights of Way Act 2000 provides that paths that are not recorded on
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#1732779868597588-638: A time extended to the Antonine/Severan Wall . At that time, most of the native inhabitants of Roman Britain spoke Brythonic languages , and were all regarded as Britons , divided into numerous tribes. After the conquest, the Romans administered this region as a single unit, the province of Britain . Long after the departure of the Romans, the Britons in what became Wales developed their own system of law , first codified by Hywel Dda (Hywel
637-449: Is a path (which could be for walkers, riders, cyclists, or any combination) whose use is allowed by the landowner. It would normally be a path that is not at the time on the definitive map of public rights of way, but that does not prevent it from already being a public path for any or all of those user categories mentioned. For instance it might be a historic route fallen into disuse or it might have been used for twenty years 'as of right' by
686-417: Is not automatically maintainable at the public expense. Section 26 of the Highways Act 1980 allows a local authority (that is, a district or county council, or a unitary authority) to make an order to create a footpath or bridleway over land in their area. If there are no objections, the local authority can confirm the order themselves, so bringing the path into effect. However, where objections have been made,
735-540: Is used by the public mainly as footpaths and bridleways are used, per Road Traffic Regulation Act 1984 , section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1. After the 2006 Regulations to the Countryside and Rights of Way Act 2000 , BOATs should now more properly be referred to simply as byways. A road used as public path (RUPP) was one of the three types of public right of way (along with footpaths and bridleways) introduced by
784-491: The A264 Five Oaks Road near Slinfold. Works were carried out to repair two bridges, clear vegetation, provide a hard surface and drainage and repair the disused platform at Christ's Hospital station. An official ceremony took place on 11 September 2020 to mark the opening of the new section. Following the works during the winter of 2019/2020, the new section opened in April 2020, allowing off-road route access from
833-559: The City of London , were not covered by the Act. Definitive maps exist for the Outer London boroughs. Local highways authorities (usually county councils or unitary authorities ) are required to maintain the definitive map of all public rights of way in their areas, which can be inspected at council offices. If a path is shown on the definitive map and no subsequent legal order (such as
882-810: The Cranleigh Line and the Steyning Line - both of which closed in the 1960s as a result of the Beeching Axe . Between 1965 and 1970 the track was lifted and much of the track ballast was removed. The coppiced woodland along many of the cuttings and embankment sides remained unmanaged until 2 April 1970 when ownership of much of the track was sold by the British Railways Board to Surrey County Council and Hambledon Rural District Council (which became Waverley Borough Council in 1974) for £17,500. The local authorities managed
931-462: The National Parks and Access to the Countryside Act 1949 . The Countryside Act 1968 required all highway authorities to reclassify RUPPs in their area – occasionally as public footpaths but in practice generally as public bridleways – unless public vehicular rights were demonstrated to exist, in which case it would become a 'byway open to all traffic'. This process was slow as it involved research into historic usage and often public enquiries, and so
980-456: The 12 Inner London boroughs and the City of London , the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated (or are able to be designated if not already), whereas in Scotland any route that meets certain conditions is defined as
1029-596: The 20 years' use 'as of right' needed to establish its public status. These are precautions to prevent it becoming designated as a statutory right of way in relation to its permitted use. Under the Countryside and Rights of Way Act 2000 the public also has a right to walk away from rights of way on designated " access land ". This right is in addition to rights of way, and does not extend to horse-riders or cyclists. Access land may be closed for up to 28 days per year, whereas rights of way must remain open at all times, except in exceptional circumstances with special permission of
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#17327798685971078-677: The Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England , which is directly governed by the parliament and government of the United Kingdom . During the Roman occupation of Britain , the area of present-day England and Wales was administered as a single unit, except for the land to the north of Hadrian's Wall – though the Roman-occupied area varied in extent, and for
1127-824: The Good; reigned 942–950) when he was king of most of present-day Wales (compare King of Wales ); in England Anglo-Saxon law was initially codified by Alfred the Great in his Legal Code , c. 893 . However, after the Norman invasion of Wales in the 11th century, English law came to apply in the parts of Wales conquered by the Normans (the Welsh Marches ). In 1283, the English, led by Edward I , with
1176-481: The Highways Act 1980 allows a parish council (community council in Wales) to enter into an agreement with a relevant landowner to create a footpath, bridleway or restricted byway over land in their area or in an adjacent parish. The parish council is under no obligation to consult anyone: all they have to do is reach an agreement with the landowner. There is no provision for anyone else to be consulted or to object. The path
1225-440: The Highways Act 1980 is mainly used by the street works authority (county council or unitary authority) to declare a street to be a highway maintainable at public expense. The street works authority has to perform works on the route. Such street works need only be appropriate to the type of highway to which the notice relates. So for a potential bridleway, if the grass is cut, or a hedge cut back, this could constitute street works for
1274-679: The Welsh House of Tudor . The Laws in Wales Acts 1535 and 1542 then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England. This was in part to update outdated Welsh laws, but also to control Wales alongside England; through these acts, the Welsh could be seen as equals to the English. This was reflected on both Henry VIII and Elizabeth I 's coat of arms where
1323-519: The biggest army brought together in England since the 11th century, conquered the remainder of Wales , then organised as the Principality of Wales . This was then united with the English crown by the Statute of Rhuddlan of 1284. This aimed to replace Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century by
1372-561: The date on which Section 60 of the Countryside and Rights of Way Act came into force; this deadline was 21 November 2007. Each highway authority is required to review their Rights of Way Improvement Plan at least every ten years. England and Wales England and Wales ( Welsh : Cymru a Lloegr ) is one of the three legal jurisdictions of the United Kingdom . It covers the constituent countries England and Wales and
1421-399: The definitive map by 2026 and that were in use prior to 1949 will automatically be deemed stopped up on 1 January 2026. The highway right to use a right of way is restricted to passing and re-passing, associated activities, and the taking of 'usual accompaniments'. Bedford Borough Council mentions that walkers may Highways maintainable at public expense generally remain in the ownership of
1470-512: The dragon represented Wales and the lion represented England. As soon as the Tudor dynasty ended with the death of Elizabeth I , however, the red dragon of Wales was dropped and replaced with the unicorn of Scotland with the succession of King James I who demoted Wales' status on the coat of arms and on the first adaptation of the Flag of Great Britain . Prior to 1746, it was not clear whether
1519-484: The former Cranleigh/Guildford platform to Station Road to the east of the station via a winding path which passes beneath the Arun Valley Line . In July 2020, the local signposts at Baystone Bridge, at the western end of the new alignment, had not been changed to update the route to include this section but were still directing Downslink users onto the road. During the winter of 2019/2020, an improved alignment
Downs Link - Misplaced Pages Continue
1568-662: The land until 1984, clearing scrub to allow the general public to use it as a recreational facility. In 1984, the local authorities working together with other authorities and the Manpower Services Commission established the Downs Link, a 30-mile (48 km) long footpath and bridleway connecting the North and South Downs National Trails . The Link was opened on 9 July 1984 by the Mayor of Waverley, Anne Hoath, at Baynards station ; it subsequently received
1617-417: The landowner, but such highways are also vested in the local highway authority; vesting being a form or ownership so long as it remains a highway. Lord Jennings, in an 'obiter' statement (not a formal judgement) suggested that ownership might be from the surface of the route to the depth of "two spits", or approximately two spade depths. Collins M.R. seems to have defined it better: 'All the stratum of air above
1666-463: The law applicable to that business entity. A registered office must be specified as "in Wales" if the company wishes to use a name ending cyfyngedig or cyf , rather than Limited or Ltd. or to avail itself of certain other privileges relating to the official use of the Welsh language. Outside the legal system, the position is mixed. Some organisations combine as "England and Wales", others are separate. The order of precedence in England and Wales
1715-577: The local authority. A footpath, bridleway or restricted byway can be created by one of the following means. In England and Wales, a footpath, bridleway or restricted byway may be expressly dedicated by the owner as a public right of way. Furthermore, unchallenged use by the public, as of right, for at least 20 years, may give rise to a presumption of dedication under Section 31 of the Highways Act 1980 . A presumption of dedication may arise under common law after any appropriate period of time, by way of
1764-598: The need to consult Westminster. This was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of Senedd Cymru . For a company to be incorporated in the United Kingdom, its application for registration with Companies House must state "whether the company's registered office is to be situated in England and Wales (or in Wales), in Scotland or in Northern Ireland", which will determine
1813-489: The order will need to be considered by an inspector from the Planning Inspectorate. Depending on the number and nature of the objections, he may consider the order after an exchange of written representations between the authority and the objectors, after holding a hearing, or after a public local inquiry. People who would like to use the path should submit letters saying why they need the path. Section 228 of
1862-425: The public expense. Hampshire County Council has used this method for footpaths, and Essex County Council often uses it for new bridleways. Each highway authority in England and Wales (other than Transport for London , the City of London and Inner London boroughs) was required to produce a Rights of Way Improvement Plan under sections 60 to 62 of the Countryside and Rights of Way Act 2000 within five years of
1911-509: The public, in both cases being a public right of way which is not yet shown on the definitive map. Some permissive footpaths and bridleways are shown on 1:25,000 and 1:50,000 scale Ordnance Survey maps. A permissive path is often closed on a specified calendar day each year (lawful only if it is not already a public right of way of some description), and clearly signed (e.g. signpost or waymark) as permissive. The act of so closing or signing it ensures that any future use of it does not count towards
1960-414: The purpose of this section, so enabling it to be used. The authority then places s.228 "Adoption of Streets" notices at each end of the route. Only the owner of a street (or if more than one, the majority of the owners) has the power to object. If there is an objection, the street works authority can either discontinue, or it can go to a magistrates' court. A path created by this method will be maintainable at
2009-408: The right to cycle exists even though it may be difficult to exercise on occasion. Cyclists using a bridleway are obliged to give way to other users on foot or horseback. Public bridleways are shown on Ordnance Survey 1:25,000 and 1:50,000 maps, but many public bridleways (as well as "roads used as public paths", "byways open to all traffic" and "restricted byways") were recorded as footpaths only, as
Downs Link - Misplaced Pages Continue
2058-463: The route of the Link near Horsham deviated from the original railway alignment between Slinfold and Christ's Hospital stations, where a section of the old line had been sold to an adjacent landowner. Attempts to establish a right of way across this section were resisted by the owner, resulting in the re-routing of the Link via Mill Lane, Itchingfield . The "Missing Link" campaign began in 1999 to create
2107-529: The surface and all the stratum of soil below the surface which in any reasonable sense can be required for the purposes of the street, as street' In England and Wales a public footpath is a path on which the public have a legally protected right to travel on foot. In some areas public footpaths form a dense network of short paths. It is probable that most footpaths in the countryside are hundreds of years old. The majority of footpaths are shown on Ordnance Survey 1:25,000 and 1:50,000 maps. The right of access on
2156-495: The user. A public bridleway is a way over which the general public have the following, but normally (unless otherwise according to Wildlife and Countryside Act 1981 s56(1)(b)) no other rights: Note that although Section 30 of the Countryside Act 1968 permits the riding of bicycles on public bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists". Thus,
2205-604: Was created in Southwater to the west of Worthing Road as part of the construction of the Broadacres housing estate. The works involved a better delineation of the Link combined with improved drainage, landscaping and surfacing improvements. Download coordinates as: 51°02′20″N 0°22′13″W / 51.0388°N 0.3704°W / 51.0388; -0.3704 ( Downs Link ) Rights of way in England and Wales In England and Wales , excluding
2254-595: Was formed by the Laws in Wales Acts 1535 and 1542 . The substantive law of the jurisdiction is English law . The devolved Senedd (Welsh Parliament; Welsh : Senedd Cymru ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006 , which allows it to pass its own laws , and
2303-595: Was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707 , and as a consequence English law—and after 1801 , Irish law —continued to be separate. Following the two Acts of Union, Parliament can restrict the effect of its laws to part of the realm, and generally the effect of laws, where restricted, was originally applied to one or more of the former kingdoms. Thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England (and vice versa),
2352-502: Was not completed by the time the Countryside and Rights of Way Act 2000 was passed. This reclassified all remaining RUPPs as 'restricted byways' on 2 May 2006. On 2 May 2006 the Natural Environment and Rural Communities Act 2006 reclassified all remaining roads used as public paths as restricted byways . The public's rights along a restricted byway are to travel: A permissive path, permitted path or concessionary path
2401-444: Was referred to as "England" is now "England and Wales", while subsequent references to "England" and "Wales" refer to those political divisions. There have been multiple calls from both Welsh academics and politicians for a Wales criminal justice system . England and Wales are treated as a single unit for some purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law
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