Summary of assessment of need: Countryside Access and Rights of Way Improvement Plan 2007 to 2012
This section contains a summary of the assessment of need findings contained in the Countryside Access and Rights of Way Improvement Plan 2007 to 2012, used as a basis for the Draft Lincolnshire Rights of Way Improvement Plan 2013 to 2018.
Walkers
Walking is the most popular activity undertaken on the public rights of way network. Walkers tend to undertake short recreational or dog walking trips directly from home, as well as more functional journeys on foot to local shops and services.
Walking and cycling to school is less common in Lincolnshire than nationally, probably reflecting the rural nature of the county and the relatively lengthy journeys to school. The off-road network of rights of way is seen primarily as a recreational resource with a higher proportion of walking taking place at the weekend. Walkers can use all types of rights of way, roads, access land and other areas of public open space.
There are two main sub groups of walkers:
- Casual Walkers – which can include family groups and dog walkers, who typically walk between two and five miles. They often walk routes close to their home but may travel further afield for longer walks.
- Serious Walkers – more experienced users of public rights of way, looking for a more challenging experience. Walks can be close to home, but they are much more prepared to travel further. Walk lengths tend to be longer than those undertaken by casual walkers.
There is a certain amount of cross-over between the groups identified.
Cyclists
Cycling is the second most popular activity after walking. Cycling can be a convenient form of transport, certainly for journeys less than five miles to reach places of employment, schools, shops and local services. Cyclists are entitled to use public bridleways, restricted byways, byways, cycleways and unclassified county roads.
The overall picture is that in recent years cycling on busy roads to work, shops and services has declined in favour of the car, with recreational cycling growing in popularity. Most cycling is undertaken to travel to and from work, using the road network. There have been successes such as the creation of off-road Sustrans routes and carriageway improvements for cyclists developed on commuter routes. Commuter cycling takes place on parts of the rights of way network, mostly where surface improvements have been carried out.
The increase in sales of mountain bikes has enabled the countryside access network to become more accessible to cyclists. However, cycling on the off road network can often be difficult due to unsuitable surfaces and vegetation. Over a third of all cycling takes place on roads and cycle tracks.
Recreational cyclists tend to favour circular routes close to home, but they are prepared to travel to points from which they can access the network. Once there, they tend to travel further than walkers typically covering distances of between two and ten miles.
Constraints to cyclists accessing the network include fragmented networks, dangerous road crossings, lack of information on circular routes and surface condition on off road routes.
Horse riders
Participation in horse riding is generally for leisure purposes, although almost a third of riders also have a professional interest. Horse riders are entitled to use public bridleways, restricted byways, byways and unclassified county roads. They also access private land through agreements with landowners.
Many horse riders regularly use local routes to exercise their horses. Around 80% of equestrians transport their horses to other areas where the countryside access network presents a greater range of opportunities.
The network of bridleways and byways is fragmented and poorly connected with busy road crossings effectively causing severance and deterring users. Horse riders are often forced onto the road network to gain access to routes, or complete circular rides. Many riders use public footpaths or pavements to avoid traffic.
It is often difficult for riders to find suitable circular routes, restricting them to linear ‘there and back’ routes. Similarly to walkers, equestrians prefer the provision of circular routes, close to where they keep their horses.
Carriage drivers
Carriage drivers can use approximately 5% of the public rights of way network in addition to unclassified county roads. Efforts were made to improve the provision for carriage drivers with the development of the Lindsey Trail, opened in 2012.
Carriage drivers face many constraints experienced by horse riders, including a fragmented network, busy road crossings and inappropriately surfaced routes. Other issues which limit access to carriage drivers include inaccessible gates and overhanging vegetation.
Motorised users
Motorised users can use the majority of the county’s wide network of Unclassified County Roads (UCRs) and Byways Open to All Traffic (BOATs) as shown on the Definitive Map. Many of these routes are unsurfaced and commonly referred to as ‘green lanes’. UCRs and minor roads can form a useful addition to the access network and link public rights of way.
The Natural Environment and Rural Communities Act 2006 is an important piece of legislation which has had an impact on the public’s right to use routes with mechanically propelled vehicles. The Act extinguished motorised rights on routes not already recorded on the Definitive Map and Statement and on those routes which are already shown on the Definitive Map as a footpath, bridleway or restricted byway. These, usually unsurfaced routes, will revert to the status shown on the Definitive Map where the predominant use was by non-motorised user.
There are exceptions to these extinguishments, in particular existing claims for BOATs submitted before 20 January 2005. These may still be added on confirmation as vehicular routes and those predominantly used by motor vehicles in the period prior to the commencement of the Act.
Motorised users have to travel to find routes and prefer circular routes which can be difficult to achieve. Users also believe unsurfaced unclassified county roads need better management.
Mobility and visually impaired
The Countryside and Rights of Way Act 2000 requires the authority to assess the ‘accessibility of the local rights of way network to blind and partially sighted persons and others with mobility problems’.
The Equality Act 2010 , formerly the Disability Discrimination Act 1995 (DDA), requires public authorities to make reasonable adjustments to ensure that it is not unreasonably difficult for people with disabilities to benefit from those functions as others would do, or to show that there are good reasons for not doing so.
There is no specific reference in the Equality Act to any aspect of public rights of way management and, as yet, there is no case law that can be referred to in the application of either the Equality Act or the DDA to rights of way. Nonetheless, authorities must have regard to their obligations under the Equality Act wherever changes or additions to the rights of way network are proposed and are encouraged to make improvements to structures wherever appropriate opportunities arise.
The main difficulties encountered by people with mobility problems are:
- poor surface conditions
- unsuitable terrain
- difficulty in reaching suitable access
- stiles and other barriers restricting access
- lack of toilets and other visitor facilities
- lack of information
The Countryside Access Survey undertaken for the first RoWIP concluded that the range of abilities is enormous and people with mobility problems should not be considered as a single entity. The survey also concluded that people with mobility problems plan ahead and often arrange for a helper to accompany them.