Pendle Borough Council

Countryside Access

General

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What is a public right of way?

A public right of way is a legal right to pass over land, even if the land is privately owned. On a public footpath, this means a right of way on foot only. On a public bridleway, there is also a right of way on horseback and by bicycle. On a byway open to all traffic (BOAT), there is also a right to drive a vehicle on the public right of way.

The definitive map and statement

Most public rights of way are recorded on the definitive map and statement. If a public right of way is shown on the definitive map, then this is conclusive evidence of a right of way. Pendle Council is responsible for keeping the rights of way shown on the definitive map and statement open for public use. We are responsible for maintaining these routes and we have extensive legal powers to deal with obstructions and other problems.

Some public rights of way are not shown on the definitive map and statement. There are many footpaths in Pendle which are well used but not recorded on the definitive map and statement. We do not have evidence that these are public rights of way and therefore we are not required to maintain them. We do not have powers to deal with obstructions and other nuisances on footpaths which are not recorded on the definitive map.

How do I find out if a public right of way is definitive?

Ordnance Survey publishes the Outdoor Leisure Explorer Map at a scale of 1:25,000. The one for the Pendle area is the Ordnance Survey Explorer OL21 South Pennines map. Public rights of way are shown in green and the information is roughly 99 per cent accurate.

You can view interactive maps online showing definitive public rights of way. Again, this is about 99 per cent accurate.

The definitive map and statement can be inspected free of charge of Elliott House, 9 Market Square, Nelson. It is advisable to make an appointment in advance of your visit by contacting the Countryside Access Team on (01282) 661059.

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