Recording Public Rights of Way

ABOUT THE PATH RECORDING PROJECT

Knutsford has a number of paths connecting different parts of the town and connecting Knutsford to surrounding villages. These paths often have different statuses and most of the time this is not important. However, it becomes important when the right to use a path is challenged, and routes residents have historically enjoyed are blocked. When this has happened, the Town Council or residents has looked into whether an application to record a public right of way can be made.

Recording a new public right of way can be a long process. Applications are submitted to Cheshire East Council and they are then assessed and prioritised; it can take several years for an application to reach the top of the pile and then 2-3 years to go through the full legal process. Because of this, there are examples where paths have been blocked and access lost for several years before an application is considered.

The Town Council has reviewed the path network within Knutsford to identify if there are any paths which are neither adopted highways nor public rights of way and which it believes could be a candidate for recording as a public. The objective is to proactively submit applications to protect these paths, before there is any challenge to their use.

HOW YOU CAN HELP

In order to submit an application (called a Definitive Map Modification Order application) the Town Council needs to develop evidence of at least 20 years of uninterrupted use of a path. This use must meet the legal tests of being without secrecy, without force and without permission i.e. that people have used the path as though they have the right to do, regardless of whether they did.

If you have used one of the paths we have identified and would like to provide evidence, please contact enquiries@knutsfordtowncouncil.gov.uk for an evidence form.

Whilst we are preparing one application at a time, you are welcome to submit evidence for multiple paths at once.

LEGAL PROTECTION OF PATHS

The following are classed as highways, over which the public have a right to pass and repass:

• Paths ‘adopted’ by the highways department. Often created when a development is made, and maintained by the borough council to a set standard
• Public Rights of Way. These are often historic or established by common use.

The following kinds of path also exist, there is no legal protection of these routes:

• Permissive Paths – routes where landowner has expressly permitted use of a path. This permission can be withdrawn at any time.
• Informal Paths – myriad other paths where there is no formal permission and it is not formally recorded