Rights of Way Improvement Plan 2025: Statement of need consultation

Introduction

As part of the process for reviewing our Rights of Way Improvement Plan (ROWIP) and creating our new Rights of Way Improvement Plan for 2025 to 2035, we are undertaking an assessment of the public's existing and future needs. We are undertaking this with key stakeholders including:

• county councillors
• district councils
• town and parish councils
• user groups
• landowner groups
• public and representative bodies
• charitable bodies

 We will use this assessment to:

• guide our review of the existing actions contained in the current plan, and
• prepare for new actions to meet the public needs for the future as part of the Draft Lincolnshire County Council Countryside Access and Rights of Way Improvement Plan 2025

We will then submit the draft plan for public consultation and comment prior to developing and approving the final plan.

We have prepared this summary document to help consultees to respond to the consultation about current and future needs. It contains a summary of the main assessment of needs, the key findings and the key actions contained in the Countryside Access and Rights of Way Improvement Plan 2007 to 2012 and the Draft Lincolnshire Rights of Way Improvement Plan 2013 to 2018.

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.

Overall conclusions comparison

ROWIP 2007 to 2012

Different kinds of users use the network in different ways. The key differences are:

• Walkers take short recreational trips directly from home
• Walkers also drive to places further afield for longer walks
• Runners and joggers tend to take short trips from home
• Cyclists make trips from home, but will also drive to points from which they can access the network
• Horseriders access the network regularly to exercise their horses. Most rides start from the place horses are stabled
• People with mobility problems use the network infrequently and have to plan ahead. Helpers often make a “dummy run” of the visit

Use of the network

• There is a significant demand for short to medium distance circular routes accessed from home, without having to use the car
• Walking and cycling to school is less common in Lincolnshire than nationally, probably due to the predominantly rural nature of the county
• Most walking and cycling to school, local shops and services takes place on pavements and roads
• The off-road network of rights of way is primarily seen as a recreational resource
• The off-road network is disjointed and fragmented for horseriders, cyclists and motorised users
• Litter and dog fouling detracts from people’s enjoyment
• Need more information in a variety of formats on routes and who can use them

Network provision and connectivity

• The distribution of access provision is uneven across the county
• Areas with higher levels of population do not necessarily have access to rights of way
• There are not many routes for cycling and riding, compared with those for walking
• The off-road network of public rights of way is fragmented, particularly for riders and cyclists
• The provision of rights of way from towns and villages is variable
• There are localised gaps in the network which make it difficult to make circular routes
• Routes are often severed by busy roads and development

Implications for Rights Of Way improvement planning

Local routes are very important to people, with routes directly accessible from home proving particularly popular. This suggests that route improvements for walking and cycling should be concentrated close to where people live whilst recognising the importance of the wider recreational network.

Horseriders keep their horses close to where they live and so improvements to the bridleway network should also be prioritised close to where people live.

People prefer short circular routes of between 1 and 5 miles. Typically people travel 2 to 5 miles for most trips. Access improvements should focus on the provision of circular routes of varying length, close to where people live.

Improving the network should  concentrate on:

• Creating a better connected network of paths and trails – especially for cyclists and horse riders
• Better signing, waymarking and maintenance to encourage greater use of the network
• Providing more promotion and information in formats that people want
• Making the path network safer and improving crossing points on main roads for vulnerable users

Better engagement with local communities through information and assisting those who want to take a more active role in helping to maintain the network.

Draft ROWIP 2014

The Draft ROWIP 2014 reviewed the existing ROWIP 2007-2012. The statement of need principles and the network assessment underpinning the first ROWIP was still considered to be relevant and a fresh consultation was not deemed necessary as a result.

The following findings were included in the Draft ROWIP 2014:

• The scope of the first ROWIP was sufficient and the plan had been well delivered
• Better maintenance, enforcement and promotion have brought about significant improvements
• The final year of the first ROWIP was set against a backdrop of limited resources which affected the delivery of the plan
• Some respondents considered that the first ROWIP may have been too ambitious and care should be taken that the second ROWIP is realistic and deliverable.
• Reduction of resources led to a deterioration in the standard of maintenance and enforcement in some areas.
• The development of circular and linear routes to and from the Countryside had not been as extensive as anticipated
• We should deliver the second ROWIP within available resources and utilise the voluntary sector
• We should continue the course of action from the first ROWIP
• The standard of maintenance of long distance trails should not be at the detriment to maintenance across the rest of the network
• High demand for increased provision for horse riding and cycling, in particular more off road routes, road safety enhancements and surface improvements
• The rights of way network should not be considered in isolation and is interlinked with other green infrastructure plans and the LTP4

Statement of actions comparison

ROWIP 2007to 2012

Draft ROWIP 2014 to 2018