Rights of way guidance updated, advice notes and consistency guidelines archived
The Planning Inspectorate has archived and consolidated some of its Rights of way advice notes into the Rights of Way Guidance booklet.
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 note | Update |
|---|---|---|
| 1 | Conduct of inquiries into orders | See appendices of Rights of way guidance booklet |
| 3 | case law, legal submissions at inquiries, new evidence | See appendices of Rights of way guidance booklet |
| 5 | precedence | AN5 Archived. Will no longer be updated by the Inspectorate |
| 6 | Sunningwell judgment | AN6 Archived. Will no longer be updated by the Inspectorate. |
| 8 | the definition of byway open to all traffic | AN8 Archived. Will no longer be updated by the Inspectorate. |
| 9 | general guidance to inspectors on public rights of way matters | See appendices of Rights of way guidance booklet |
| 11 | the meaning of ‘private carriage road’ | AN11 Archived. Will no longer be updated by the Inspectorate. |
| 12 | vehicles and rights of way | AN12 Archived. Will no longer be updated by the Inspectorate. |
| 14 | legal memory | AN14 Archived. Will no longer be updated by the Inspectorate. |
| 15 | breaks in user caused by foot and mouth | AN15 Archived. Will no longer be updated by the Inspectorate. |
| 16 | widths on orders | See appendices of Rights of way guidance booklet |
| 19 | Human Rights Act 1998 | AN 19 Archived. Will no longer be updated by the Inspectorate. |
| 20 | Inspectors’ powers to modify definitive map modification orders | See appendices of Rights of way guidance booklet |
| 21 | procedural irregularities | See appendices of Rights of way guidance booklet |
| 22 | use of correct notation on order maps | See appendices of Rights of way guidance booklet |
| 23 | representations and objections | See 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 Annie Owen