This section contains points which must be noted if you are doing anything that might affect a public right of way, or will take place near to a public right of way.
Driving on a public right of way
The applicant, and any future owners, residents etc, must have private rights to take motorised vehicles over a public right of way other than a Byway Open to All Traffic. To do so without lawful authority is an offence under the Road Traffic Regulation Act 1988. Any damage to a public right of way resulting from use other than that commensurate with its classification, or from works, must be made good by the applicant. We are not responsible for the maintenance and repair of public rights of way beyond the wear and tear of normal use for its classification and will seek to recover the costs of any such damage it is required to remedy. We do not keep records of private rights and suggest that a solicitor is contacted.
Gates and other structures, temporary closures and diversions, and alterations to a public right of way
The granting of planning permission is separate to any consents that may be required in relation to public rights of way. It does not give authorisation for structures such as gates to be erected on a public right of way, or the temporary or permanent closure or diversion of a public right of way. Nothing may be done to close, alter the alignment, width, surface or condition of a public right of way, or to create a structure such as a gate upon a public right of way, without the due legal process being followed, and permission being granted from the Rights of Way and Access team as appropriate. Permission may or may not be granted depending on all the circumstances.
To apply for permission, please see the links below:
- To apply for permission to carry out work on a public right of way, or seek a temporary closure, please note that any damage to a public right of way resulting from works must be made good by the applicant. We are not responsible for the maintenance and repair of public rights of way beyond the wear and tear of normal use for its classification and will seek to recover the costs of any such damage it is required to remedy.
- To apply for permission for structures to be constructed on a public right of way (for example, gates or bollards).
Permanently stopping up or diverting a public right of way
To apply for permission for a public right of way to be stopped up or diverted within a development site, the officer at the appropriate borough or district council should be contacted at as early an opportunity as possible to discuss the making of an order under either section 119 of the Highways Act 1980 or section 257 of the Town and Country Planning Act 1990. The contact details can be found on our public rights of way contacts page. Please note that nothing may be done to stop up or divert the legal alignment of a public right of way until the due legal process has been completed and the order has come into force.
Walls near public rights of way
Under Section 167 of the Highways Act 1980 any structural retaining wall within 3.66 metres of a PROW with a retained height in excess of 1.37 metres, must not be constructed without the prior written approval of drawings and specifications by Suffolk County Council. The process to be followed to gain approval will depend on the nature and complexity of the proposals. Construction of any retaining wall or structure that supports a PROW or is likely to affect the stability of the PROW may also need prior approval at the discretion of Suffolk County Council. Applicants are strongly encouraged to discuss preliminary proposals at an early stage.
Hedges and fences near public rights of way
Any hedges adjacent to PROW must be planted a minimum of 2 metres from the edge of the path in order to allow for annual growth and cutting, and should not be allowed to obstruct the PROW. Some hedge types may need more space, and this should be taken into account by the applicant. In addition, any fencing should be positioned a minimum of 0.5 metres from the edge of the path in order to allow for cutting and maintenance of the path, and should not be allowed to obstruct the PROW.