Public rights of way and planning

The planning system helps us to protect and enhance our network of public rights of way in Suffolk, and our Green Access Strategy (2020 to 2030) sets out our commitment to ensuring and promoting sustainable travel options for all.

The Suffolk Green Access Strategy focuses on walking and cycling for commuting, accessing services and facilities such as local shops, GP surgeries, post offices etc, and for leisure reasons.

Specifically, the Suffolk Green Access Strategy (2.1) “seeks opportunities to enhance public rights of way, including new linkages and upgrading routes where there is a need, to improve access for all and support healthy and sustainable access between communities and services. Funding to be sought through development and transport funding, external grants, other councils and partnership working.”

Government guidance considers that the effect of development on a public right of way is a material consideration in the determination of applications for planning permission. Local planning authorities should ensure that the potential consequences are taken into account whenever such applications are considered (Rights of Way Circular 1/09 – Defra October 2009, para 7.2) and that public rights of way should be protected.

Public rights of way can support all 3 key objectives of the Ministry of Housing, Communities and Local Government's National Planning Policy Framework (NPPF) (v3.0 2021).

• building a strong economy
• building healthy communities
• enhancing the natural and built environment.

The NPPF refers to the Public Rights of Way network specifically: 

Paragraph 100. Planning policies and decisions should protect and enhance public rights of way and access, including taking opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails;

In relation to public rights of way in Suffolk, we also see the key NPPF sections as being the following:

• Paragraph 85. make a location more sustainable (for example by improving the scope for access on foot, by cycling or by public transport);
• Paragraph 92. achieve healthy, inclusive and safe places a) …that allow for easy pedestrian and cycle connections within and between neighbourhoods; b) …use of attractive, well-designed, clear and legible pedestrian and cycle routes; c) support healthy lifestyles,… through the provision of safe and accessible green infrastructure,… that encourage walking and cycling;
• Paragraph 98. Access to a network of high quality open spaces;
• Paragraph 104. c) opportunities to promote walking, cycling and public transport use are identified and pursued;
• Paragraph 106. d) provide for attractive and well-designed walking and cycling networks;
• Paragraph 112. a) give priority first to pedestrian and cycle movements, both within the scheme and with neighbouring areas;
• Paragraph 112. c) create places that are safe, secure and attractive – which minimise the scope for conflicts between pedestrians, cyclists and vehicles.

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.