What is this page for?

SCC's Public Rights of Way (PRoW) team website (refer to PRoW on the Community Services page) contains the definitive information on this subject, and as an applicant for planning permission you need to refer to it, but as PRoW  issues are often not recognised in applications, it seems worthwhile to set out some of the key points here.

Mapping

As an applicant, you will need to request a detailed plot of PRoW so that you can accurately plot PRoW on your plans. Contact DefinitiveMaps@suffolk.gov.uk for more information. (Note, there is a fee for the detailed mapping service.)

Rights and Responsibilities

As applicant (and any future owners, residents, etc.) you must have private rights to take motorised vehicles over a PRoW other than a BOAT (explained on the Community Services page). To do so without lawful authority is an offence under the Road Traffic Act 1988. You must make good any damage to a PRoW resulting from works.

SCC is not responsible for the maintenance and repair of PRoW 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. It does not keep records of private rights and you would be advised to contact a solicitor if you are not sure.

Modifying PRoW

The granting of planning permission is separate from any consents that may be required in relation to PROW. It does not give you authorisation for structures such as gates to be erected on a PROW, or the temporary or permanent closure or diversion of a PROW.

Nothing may be done to close, alter the alignment, width, surface, or condition of a PROW, or to create a structure such as a gate upon a PROW, without the due legal process being followed, and permission being granted from the Rights of Way & Access Team as appropriate. Permission may or may not be granted depending on all the circumstances.

Applying for permissions

To apply for permission from SCC as highway authority to carry out work on a PROW, or seek a temporary closure, use the link, or telephone 0345 606 6071.

To apply for permission for structures such as gates to be constructed on a PROW – use the link, or contact the relevant Area Rights of Way Team - telephone 0345 606 6071.

To apply for permission for a PROW to be stopped up or diverted within a development site, contact  the appropriate borough or district council at as early an opportunity as possible to discuss the making of an order under Town and Country Planning Act 1990 s257. 

IMPORTANT: nothing may be done to stop up or divert the legal alignment of a PROW until the due legal process has been completed and the order has come into force.

You may not construct a structural retaining wall with a retained height in excess of 1.37 metres within 3.66 metres of a PROW (Highways Act 1980 s167) without the prior written approval of drawings and specifications by SCC. 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 SCC. They strongly encourage you to discuss preliminary proposals with them at an early stage.

There may be a further requirement to enhance the PROW network relating to a development. If this is the case, the SCC PRoW Team will advise you.