This is an HTML version of an attachment to the Freedom of Information request 'Fragmentation of rights of way networks'.

0x08 graphic

DRAFT RIGHTS OF WAY IMPROVEMENT PLAN

0x08 graphic

WEST BERKSHIRE COUNCIL - November 2008

  1. Overview

“Local rights of way are both a significant part of our heritage and a major recreational resource. (DEFRA 2002).

    1. West Berkshire possesses a rich network of linear routes and areas of land, away from roads, which is available for use by the public. This Rights of Way Improvement Plan is about how to improve these assets of West Berkshire so as to benefit the public and meet its needs.

    1. The network comprises `Definitive' public rights of way, cycle tracks, routes permitted for use by landowners, informal routes used by the public, and land open for public access. Some remote rural roads are also similar in character to these other forms of linear access. This Plan will refer to these collectively as `the access network'.

The value of the access network

    1. An improved and promoted network of public rights of way and other access routes carries benefits to quality of life at many levels.

    1. Use of rights of way as alternatives to transport by car benefits air quality, road safety, reduces emissions and eases congestion. The network offers a huge opportunity for people to enhance their quality of life in other ways, for instance, by taking exercise in a pleasant and traffic-free environment and using the rural network to observe the natural environment and other features of interest. The network offers opportunities for learning about wildlife, conservation and the workings of the countryside. Such assets attract local and rural income from visitors to an area such as West Berkshire, the majority of which comprises an Area of Outstanding Natural Beauty. That same network of “green lanes” has the potential to be better managed, so as to increase its value for biodiversity in West Berkshire. Travelling through communities other than by private car increases people's appreciation of their local area and benefits social cohesion. And finally there are the unquantifiable but fundamental benefits of mental and spiritual renewal and relaxation.

The access network in West Berkshire

    1. Public rights of way are recorded in legal documents called the Definitive Map and Statement. They are all highways, for the purpose of passing and re-passing only. There are 1178km (732 miles) in West Berkshire, comprising the following:

    1. The Cycle Tracks Act 1984 allows new cycle tracks to be created, and Definitive footpaths to be converted to cycle tracks. Cycle tracks created in this way are highways but are not recorded on the Definitive Map and Statement. Cyclists may be required to share with other users.

    1. Landowners sometimes allow the public to access their land or linear access routes across their land. Such `permissive access' may be formalized in an agreement, entitling the owner to government `Stewardship' grants. Landowners have registered a total of 21km (13 miles) of linear permitted access with the District Council, and there are many more routes and areas provided for the public under the Stewardship grant schemes.

    1. Part 1 of the Countryside and Rights of Way Act 2000 created `open access land', which in West Berkshire comprises registered common land and certain areas of heathland and downland. It covers 1.7 % of West Berkshire (1207 hectares). People may walk, run or sight-see on this land, but must act responsibly and with consideration for others, and between 1 March and 31 July, or at any other time in the vicinity of livestock, dogs are only allowed if on a short lead. There may be local restrictions.

    1. Much access is exercised habitually by the public, and perhaps by local agreement with the landowner, and has no formal recognition. Linear access used by the public `as of right' may acquire the status of a public right of way.

The duty to prepare a Rights of Way Improvement Plan (ROWIP)

    1. West Berkshire District Council (the 'District Council' or `Council'), as highway authority, has a statutory duty to maintain its public rights of way in a suitable condition for the public use which is made of them. In 2000, the third National Rights of Way Condition Survey, undertaken by the Countryside Agency, indicated that no highway authority in England had met the target for all rights of way to be properly maintained by the year 2000.

    1. Nevertheless, the Government aims to achieve an improvement in defining, maintaining and publicizing the rights of way network (DEFRA 2000). A statutory duty was introduced by section 60 of the Countryside and Rights of Way Act 2000 for each highway authority to publish a Rights of Way Improvement Plan, covering all its area.

    1. Rights of Way Improvement Plans are intended to be the prime means by which local authorities will identify the changes to be made, in respect of management and improvement, to their rights of way networks in order to meet the Government's aim of better provision for walkers, cyclists, equestrians and people with restricted mobility. In producing the Improvement Plan, the District Council is required to do the following:

    1. The assessment should include access in a broad sense by considering the Definitive Map in conjunction with the wider highway network, for instance roads, cycle tracks, permitted routes, open access land and other land with permitted access and habitually-used routes.

    1. The Rights of Way Improvement Plan must also include a statement of the action the District Council proposes to take to improve the network of rights of way and its management, having particular regard to the items listed above. Once the Improvement Plan has been published, the Council is required to review and, if necessary amend and republish the plan at intervals of not more than ten years.

  1. West Berkshire's approach to creating its Rights of Way Improvement Plan

    1. The overall approach has been as follows:

  1. To carry out, including via consultation, a thorough assessment of the extent that the current network meets the present and likely future needs of the public.

  1. To record progress on existing work to maintain and improve the access network.

  1. To record the District Council's statutory duties and powers in relation to the provision of public access.

  1. Based on the consultation responses, the District Council's own experience and best practice, and its statutory duties, to formulate a series of targeted objectives which will achieve improvements to the access network and working practices, whilst maintaining and improving the delivery of the Council's statutory duties.

A. To carry out, via consultation, a thorough assessment of the extent that the current network meets the present and likely future needs of the public.

    1. A significant public consultation exercise has taken place and comprised the following:

Consultation results

    1. Out of this wide consultation emerged a clearer picture of the profiles of both users and non-users of the access network, plus a very high number of separate general proposals for improvements to the provision of public access, location-specific proposals for improvements and additional access routes. As part of their work to identify these site-specific improvements, some consultees have scrutinised the Definitive Map in great detail to identify anomalies and potentially useful changes and additions.

    1. The following summaries are taken both from the Tourism South East report and the other consultation responses. Where figures are given, unless stated these are derived from the Tourism South East random telephone survey.

Visit characteristics

    1. It emerged that 70% of households had visited the access network during the previous twelve months, with around 20% of these visiting daily, 16% visiting several times a week and 21% visiting at least once a week. 24% visit at least once a month.

    1. Approximately one third of visiting parties included children under the age of sixteen, illustrating the popularity of the access network with families. Overall, the three main group compositions are lone adults, two adults and two adults with children.

    2. The majority of visitors are from the B/C1/C2 socio-economic profile.

Reasons for visiting the access network

    1. The survey revealed that people use the network for many and varied reasons. To go for walks is the most popular reason, particularly short walks of up to two hours. Other popular reasons for visiting include to observe wildlife, enjoy views, take picnics, walk the dog, ride and exercise horses, cycle, occupy the children, visit a pub or tea room or access facilities by avoiding roads. Mention was made of the opportunity to pursue other hobbies and interests, e.g. history, natural history, photography etc.

    1. People particularly value the opportunity for exercise, fresh air and relaxation, and the scenery and peace and quiet offered by an interesting and varied access network. People enjoy the opportunity to be close to nature. Many also commented that they liked the fact that the routes were signposted and maintained, easy to get to, and close to home.

Ethnicity of users

    1. The overwhelming majority of users of the access network are `white'. Only 2% of participating households in the random telephone survey described themselves as `non-white'.

Disability

    1. Of the 802 households participating in the random telephone survey, 10% have one or more residents resisted as disabled. Of these, around half had visited the access network during the last twelve months.

Mode of transport to reach the access network

    1. The car and on foot proved equally important as modes to reach the starting point for an outing to the access network. The choice of modes is governed by convenience. Over half of households usually travel less than two miles to visit the countryside. A quarter travel between two and five miles but only 3% travel more than twenty miles.

Visitor knowledge

    1. Given the high number of local visitors and visitors from neighbouring districts and counties, it is not surprising to find that most visitors are well- acquainted with the area, relying on their local knowledge. 73% of on-site country park visitors said they used local knowledge to find out about country parks in West Berkshire, and 85% said they used local knowledge to find out about public rights of way in West Berkshire.

    1. Visiting households asked where they would like to find information about West Berkshire's countryside. 37% replied that they would like to be able to find information from their local paper, 31% in their local library, 28% on the internet and 20% would like to be able find information at supermarkets. Other popular information sources include; Tourist Information Centres (17%), through mailing (16%) and in local shops (11%). `Other' sources of information include Ordnance Survey Maps, books on the local area, public notice boards, walking magazines, council offices, local museums and through the church.

Awareness of rights of way (household survey only)

    1. The overwhelming majority of households (94%) are aware of rights of way in West Berkshire.

Visitor satisfaction among visitors with restricted mobility

    1. Visitors with restricted mobility interviewed as part of the household survey are split in their opinions regarding suitable provision for them on rights of way. Around a quarter of households (25%) rated the provision as `poor' or `very poor', whilst nearly 30% rated provision as `good' or `very good'. Over a quarter felt information provision for the less mobile was `fair'. The remaining 18% felt they could not give an opinion.

Views on future improvements

    1. Households visiting public rights of way were invited to select, from a list, the improvements they would like to see. Results are presented in Table 1.

Table 1: Improvements to rights of way, household survey results

Base

%

Improve maintenance of paths i.e. cutting back brambles, nettles, removing litter

214

38

Improve signposting for footpaths, cycle paths, bridleways etc

171

30

More information on walks, rides, rights of way

123

22

More signs at beginning of a path showing the destination

96

17

Improve path conditions i.e. smoother, even surfaces

94

17

Replace stiles with kissing gates

84

15

More information on route

83

15

More paths suitable for pushchairs, wheelchairs or people who have difficulty walking

78

14

More paths suitable for walkers

78

14

More parking near access points/suitable places to unload from car

67

12

More bridleways suitable for horse riders

47

8

More suitable places to unload from horse box

28

5

More dedicated routes for use by motorised vehicles e.g. motorbikes & 4 wheel drives

25

4

Other improvements*

274

48

N.B. Multiple responses permitted

Non/lapsed visitor characteristics

    1. The households who had not visited a public right of way in West Berkshire in the last 12 months were asked if they or anyone in their household had ever visited a public right of way in West Berkshire.

    1. 70% of these households (162) had used a public right of way at some point in the past. These households have been termed `lapsed users'. The remaining 72 households (30%) had never visited public rights of way in West Berkshire and are classified as `non users'. Lapsed users were asked how long ago their last visit was to public right of way in West Berkshire. Over a quarter of lapsed users (28%) last visited between 1 and 2 years ago. A further 18% last visited between 2 and 3 years ago. Nearly half of lapsed users, however, last visited a public right of way more than 4 years ago.

Reasons for not visiting

    1. 50 non and lapsed users (21%) mentioned alternative reasons why they have never or not recently visited a public right of way in West Berkshire. 8 households mentioned the distance they would have to travel. Other comments included a lack of information on what public rights of way are or where they are located. Non-visitors cited a lack of information as a major reason for not visiting.

    1. Non and lapsed users were asked to comment on what factors may encourage them to visit public rights of way in West Berkshire. In total 156 comments were made, however of these 112 (72%) were comments that the respondent is not interested in visiting or is no longer able to visit. The remaining comments were that 22 households would be encouraged to visit if they were more aware of what was on offer, for example more advertising and more information, and 10 households would be encouraged to visit if public rights of way were better maintained. In addition, 3 households felt access for the elderly and the disabled needed improving. Other comments include improving public transport, providing more facilities, improving public safety and reducing incidents of vandalism and littering.

    1. Households including members with restricted mobility, which had not visited a public right of way in the previous 12 months, were asked what would encourage use of countryside rights of way. Most comments regarded improving physical access. Suggestions ranged from smoothing paths, providing more disabled parking spaces, widening gates, introducing signs for visually-impaired visitors, improving public transport for the disabled and improving disabled access at facilities e.g. toilets and shops.

National figures relating to the use of the access network

    1. There are a number of sources for national figures relating to the use of the access network.

    1. It has been noted that, nationally, 60% of men and 70% of women are insufficiently physically active to benefit their health. Around 25% of all journeys nationally, and 80% of journeys of less than one mile, are made on foot.

    1. Research for the Countryside Agency on rights of way use and demand in 2000 revealed that, in just over 50% of households, at least one member had used public rights of way in the previous year. The most popular activities were walking and cycling. 30% of households felt that there were not enough paths, whilst 40% considered provision to be adequate. 70% of households (including a third of those where nobody had undertaken any activities in the countryside in the previous year), said that they would increase activity, particularly walking and cycling, if more paths and tracks were available. In the 44% of households where no use was made of rights of way, 16% cited health and 13% their age as barriers to participation. Other reasons for making no use of rights of way included having no time. The research also revealed that many people believe that public rights of way are frequently obstructed or so poorly maintained as to be difficult to use.

    1. The Department for Transport 2007 Cycling Personal Travel Factsheet summarized findings on levels of cycling, as at 2005. One in six adults agrees that cycling is an important form of transport for them personally. Those who cycle more frequently are more likely to consider this an important form of transport. The majority of adults agree that everyone should be encouraged to cycle to benefit their health, the environment and to ease congestion. Many adults are, however, concerned about the safety of cycling. More than half are frightened by the idea of cycling on busy roads.

    1. 44% of people aged 5 and over have access to a bicycle. Bicycle ownership is much higher amongst children than adults. 58% of all car trips are under 5 miles, equivalent to a half-hour cycle ride. Around 3 in 10 car users say they would reduce their car use if there were more cycle tracks away from roads, more cycle lanes on roads or better parking facilities for cycles. 68% agree that cycles should be given more priority on roads.

    1. The British Equestrian Trade Association (BETA) 2005/6 national equestrian survey states that 4.3 million people (7% percent of the British population) are horse riders, with 75 percent being female. All ages ride, from children under 8 to those over 80 years of age. £4 billion is spent on horses and riding and 43% of the British population have an interest in some aspect of equestrianism. There are 1.35 million horses in the UK.  Leisure riding remains the main activity, but research showed that a shortage of places to go riding, and lack of opportunity, were often-cited deterrents. As with cyclists, many riders are frightened by the idea of using roads because of vehicular traffic.

    1. The network is also used very regularly by many off-road drivers of mechanically-propelled vehicles, who have a legal right to traverse byways open to all traffic.

B. To record progress on existing work to maintain and improve the access network.

    1. The District Council's work on public rights of way to date has been largely governed by the strategy document the `Milestones Statement', which sets out measures to achieve a legally-defined, properly-maintained and well-publicized rights of way network. This Improvement Plan will contain proposals to continue with and improve this work, in the context of economy, efficiency and effectiveness, and will therefore supersede the Milestones Statement.

    1. Achievements to date, in the context of the Milestones Statement, are briefly summarized below.

Legal definition of the public rights of way network

    1. West Berkshire Council is legally responsible for producing the Definitive Map of public rights of way. This document is, in law, conclusive, and therefore a very high degree of care is required in its preparation.

    1. The former Berkshire County Council produced `consolidated' definitive maps and statements in 1991 and 1994. Consolidation means inclusion of all the known changes made to the network since 1954 and 1956, which were dates at which the information contained in the first definitive maps, for the areas which now comprise West Berkshire, was correct. Legal changes are translated to the Definitive Map via `modification orders'. The County Council's successor, West Berkshire District Council, published the first West Berkshire Consolidated Definitive Map and Statement in March 2000, which shows all the legal changes to the network since 1994. This map was supplied to all local councils, user groups and landowners' organizations, and is available for free public inspection.

    1. The 2000 consolidated map is, however, far from complete. Claims that rights of way exist which are not recorded on the map may be made by anyone, and these need time-consuming and thorough investigation. There are also errors and anomalies in the map and statement which need to be corrected.

    1. Since 2000, further legal changes have taken place, and legislation in 2006 converted all former `Roads Used as Public Paths' (RUPPs) to Restricted Byways. The District Council wishes to consolidate these changes within a new published map in the near future. The Definitive Map is held as both a hard copy and in digitised form.

    1. Applications from landowners for the diversion, extinguishment or creation of rights of way are regularly received. Most applications are made on the grounds that they are in the interests of the owner or occupier, and the administration costs for the preparation of the necessary orders are charged to the applicants. Such public path orders are also made by the District Council in association with new developments.

Maintenance of the public rights of way network, etc.

    1. The physical condition of the rights of way network is identified from many sources. The County Council and subsequent District Council have in the past undertaken surveys of the condition of all their rights of way, the last such `General Condition Survey' having taken place in 2002. Reports of problems are received from the public, rights of way staff and volunteers. All reported problems are entered on the rights of way database system, which is continually updated. Reported problems are addressed using letters and negotiation, legal powers, the District Council's Rangers, volunteers and other bodies or contractors where appropriate. A simple prioritization procedure addresses each in terms of danger level, usage level, degree of obstruction, benefit to the public once resolved, cost/time effectiveness in resolving, the level of complaint and potential for deterioration.

    1. The District Council's duty to ensure that public rights of way are maintained in a condition suitable for their public use means that substantial amounts of resurfacing and drainage are often required each year. Reported cases requiring attention are prioritized (using the above criteria), resulting in the compilation of an annual programme of works to be carried out by contractors. Due to difficulties that can occur in accessing sites, the works are usually concentrated into the summer months.

    1. The rights of way service receives a proportion of capital funding, which is reserved for improvement projects to benefit public users of the rights of way network, including those with restricted mobility.

Structures (stiles, gates etc.)

    1. Surveys of reported problems on stiles and gates have been carried out by volunteers. The District Council has been assisted greatly by volunteers from the Ramblers' Association, who install new easily-accessible gates to replace defective stiles at various locations across the district.

Landowners / other bodies

    1. Landowners may possess their own duties of maintenance, e.g. they must clear rights of way of vegetation from their land or boundaries and have some responsibilities for maintenance of routes used by virtue of private easement. British Waterways helps to maintain the sections of the Kennet and Avon Canal towpath (a public footpath) for which it is the owner. The District Council works very closely with the National Trails Office to maintain the Thames Path and The Ridgeway National Trails.

    1. A number of parish councils have been keen to use their powers with regard to the provision of public access, and the District Council has responded to requests for advice and assistance. In return, parish councils have assisted by providing local knowledge and advice on many access matters. The relationship with parish councils was enhanced by the `Parish Paths Initiative', during which a District Council officer helped parishes to undertake local maintenance and promotional projects. This scheme has new officially ended, but the legacy of closer working with certain parish councils remains.

    1. Maintenance and improvement works are also carried out by other bodies, such as the Pang and Kennet Valley Countryside Project, Sustrans, and voluntary groups. All must consult the District Council prior to working on rights of way.

Ploughing and Cropping

    1. For the past few years the District Council has written to landowners twice a year to remind them of their statutory duties to reinstate ploughed rights of way and to keep them free of obstruction by crops. Improved recording of information has aided the targeting of potential problem areas in advance.

Bridges

    1. All bridge structures are recorded by the District Council's Highways and Transport department and are inspected regularly for structural soundness. The results of the inspections reveal relative priorities for repair or replacement, which are implemented by the department's bridge engineering team. Requests from the public for alterations to bridge designs to facilitate easier use are introduced into this system and carried out as soon as possible or practicable.

Volunteers

    1. In recent years, the help of volunteers has greatly increased the rate of resolution of path problems, and data from surveys by volunteers have improved the maintenance of accurate path data. The volunteers concentrate on vegetation clearance, waymarking, gate-installation and litter clearance. Volunteer groups from the Ramblers' Association, adults with learning disabilities from the Phoenix Centre (`ROAR'), the Pang and Kennet Valley Countryside Project, and many other groups and individuals, are to be thanked for their continued excellent work.

Signposting

    1. Over the last few years, the repair and replacement of defective signposts and waymarks has taken place during the winter months, when there is a reduced need for vegetation clearance. During the winter of 2007/08, all reported signposting and waymarking defects were resolved. Destination/distance information has been added to some suitable roadside signposts, following consultation with landowners and parish councils. The District Council's promoted routes are all distinguished by recreational route signage.

Private and illegal use

    1. The surface conditions of certain rights of way are adversely affected by their use, the effect being a function of the level and type of use and the local physical conditions. The greatest potential for damage of the natural surfaces of public rights of way comes from mechanically-propelled vehicles, but deterioration can also be caused by equestrian or generally excessive use. The District Council has a duty to maintain all rights of way to a standard suitable for the use which is made of them. Main exceptions to this are:

    1. Liaison with vehicular users and other user groups has taken place through the `RUPPs and Byways Users' Group', at which attempts were made to reach a consensus on priorities for repair, and mechanisms to restrict or manage vehicular use of vulnerable rights of way. Inappropriate vehicular use is a matter for police enforcement and recently the police have undertaken patrols of The Ridgeway National Trail as part of an action plan designed to protect and improve the condition of this important route.

Routine maintenance - vegetation

    1. Vegetation clearance is undertaken on a pro-active basis throughout the summer and winter. Clearance of certain well-used paths takes place several times during the summer, and the winter is reserved for clearance of woody growth, both on these paths and on other routes, where such work during the summer would not be appropriate due to the possible presence of nesting birds. The District Council's promoted routes are checked annually and works are carried out to maintain safety and usability.

    1. A proportion of the annual maintenance budget was diverted in 2002 towards the employment of a third Public Rights of Way Maintenance Ranger, and this minor reorganization has resulted in a greater flexibility of the Ranger team and much more efficient working routines.

Trees

    1. The rights of way network embraces many ancient highways, and these in particular may accommodate established trees within their boundaries. The District Council has a duty of care to rights of way users and manages the trees where a safety problem or potential problem comes to light. Boundary trees and trees within neighbouring properties might also potentially affect public rights of way users and owners are contacted when their action is required.

Publicity for the rights of way network

    1. West Berkshire Council has aimed to develop a promoted range of recreational routes which are readily-accessible, easy to use and offer a wide choice in terms of their length, character and appeal to all types of user. The enjoyment of West Berkshire's countryside by the use of its public rights of way network has been encouraged through publications from many sources produced by the former County Council, the former Newbury District Council and its successor West Berkshire Council, along with user groups, commercial organizations and others. The volume of this literature has increased in recent years, and the completion of the signing and waymarking of all public paths in West Berkshire in 1997, and the subsequent ongoing work to maintain this standard, has allowed people to use guidebooks and leaflets with increasing confidence.

    1. Currently available from West Berkshire Council is a series of walks and cycle/equestrian rides; promotional material relating to access across West Berkshire's managed commons; publications from the Tourism section of the Council, designed to guide and welcome visitors to West Berkshire, and recently-published maps for walking and cycling in Newbury and Thatcham, plus a guide along some recommended rural cycle routes, from the Transport Strategy Group.

    1. Amongst user groups and others, the Ramblers' Association and British Horse Society are particularly active in producing high-quality publications describing circular walks and rides respectively. A number of parishes publish guides to their access networks, in partnership with the District Council. The National Trails Office produces a range of publicity material for The Ridgeway and Thames Path National Trails. Sustrans actively promotes long-distance cycle routes through the district.

    1. The District Council's bi-annual magazine `Greenways' contains up-to-date information on the work of the rights of way and countryside teams and events information for the Thatcham Nature Discovery Centre.

    1. There are methods of promotion other than by the distribution of publications, and West Berkshire's Countryside Rangers regularly lead guided walks through the District Council's managed countryside sites. Council staff also lead guided walks as part of its contribution to the `Walking the Way to Health' scheme. Guided walks are also organized by others, including the Ramblers' Association, the National Trails Office, the Kennet and Avon Canal Trust and the Pang and Kennet Valley Countryside Project.

Disabled access to the countryside

    1. Following the Disability Discrimination Act of 1995, the District Council included a simple assessment of the suitability of paths for the less mobile in the 2002 General Condition Survey. A further survey of all reported stile and gate problems was carried out by volunteers. The information from these two sources has been used to undertake a steady programme of installation of easily -accessible structures (where structures are required), largely with the help of volunteers.

Permissive access

    1. Access permitted by landowners contributes hugely to the general access network. The District Council is not aware of many of the informal local arrangements, but advises landowners, on request, of the legal considerations when allowing the public across their land, and may provide its own `permitted path' waymarks for certain suitable routes. Permissive access is also provided by landowners under the DEFRA stewardship schemes, details of which are held on DEFRA's website and posted on site notices.

Database Development

    1. Central to the District Council's aim of developing efficient methods of working is the rights of way database. This has been in existence since the early 1990s (when it was one of the first of its kind), and has gradually been adapted and improved to meet changing requirements. To date, as well as being a central store for information, its main role in work-planning has been to group together similar types of outstanding items, to enable the benefits of economies of scale to be utilized.

Systems analysis and improvements

    1. Over the past two years, several measures have been introduced to increase working efficiency. In particular, the database has been further developed and used to streamline some work processes and to group similar work items into discreet planned projects.

Communication with the public

    1. The Council aims to acknowledge all requests for service from the public, and the Council aims to provide progress reports and/or feedback once the service has been delivered.

Planning application consultations

    1. The rights of way team comments on all planning applications which lie close to a public right of way, and applies planning policy plus its statutory duties to help to protect and improve the network through the planning system.

Open access land

    1. The District Council is in the process of surveying all the open access land in the district, and has helped some landowners to introduce management measures through the installation of gates and provision of information for the public.

C. To record the District Council's statutory duties and powers in relation to the provision of public access

Statutory duties of West Berkshire Council

    1. The District Council's fundamental statutory duties as both highway and surveying authority are:

    1. Related to these two main themes are other duties, for instance to provide adequate grass or other margins by a carriageway, where necessary or desirable for the safety or accommodation of ridden horses; to have regards for the needs of people with restricted mobility when authorizing structures on rights of way; to signpost rights of way where they leave roads and to sign rights of way to help people follow the routes. The Council must also arrange to keep copies of the Definitive Map and Statement available for public inspection.

    1. Under the Disability Discrimination Acts 1995 and 2005, the Council must not discriminate against people with restricted mobility in the standard of provision of services.

    1. Two National Trails traverse West Berkshire: The Ridgeway and the Thames Path. The principle of National Trails was established under statute in 1949. Natural England and West Berkshire Council work together to secure their management and implementation.

    1. There is a duty across the whole Council to conserve biodiversity, set out by statute in 2006, which states: "every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity". The duty applies to all local authorities; community, parish and town councils; police, fire and health authorities, and utility companies.

Powers of West Berkshire District Council

    1. Various statutes confer powers on the District Council, and the most frequently-used and potentially useful of these are as follows:

    1. Part 1 of the Countryside and Rights of Way Act 2000 set out new areas of land for public access. Such open access land in West Berkshire comprises registered common land and certain areas of heathland and downland. As the access authority, the District Council possesses powers of management which include the making of byelaws; the appointment of wardens; the installation of notices, and agreements with owners relating to the construction of access to land.

Powers and duties of other bodies

    1. For footpaths and bridleways, a parish council may carry out maintenance and erect lighting or erect notices warning of local dangers. It may prosecute those who crop or plough without restoration, or obstruct any right of way. It may signpost and waymark rights of way (with the consent of the District Council) and create new footpaths or bridleways with the consent of the landowner.

    1. Any stile or gate across a right of way must be maintained by the landowner in a safe and convenient condition. Where vegetation in the ownership of land adjacent to a right of way grows to cause obstruction to the public, the District Council has powers to require removal of the obstructing vegetation by the owner or occupier. An owner or occupier must also ensure that no obstruction or other inconvenience to the public is caused by ploughing and cropping of a right of way. Under certain circumstances, a landowner may exclude the public from statutory open access land, following a serving of Notice on Natural England.

    1. `Towpaths' in West Berkshire lie along the banks of the River Thames and the Kennet and Avon Canal, and may or may not also be public rights of way, as these are separate and distinct from any rights of towage. British Waterways has a duty to maintain its commercial and cruising waterways in a suitable condition for vessels driven by mechanical power. British Waterways takes the view that this duty does not oblige it to maintain towpaths, but in practice it sometimes does so, for instance sections of the Kennet and Avon Canal footpath for which, as owner, it permits access for cycling. British Waterways is under a general duty to have regard to the desirability of preserving for the public any freedom of access to towing paths and open land.

    1. The Environment Agency is under a general duty to promote the use of its land for recreational proposes, but has no specific duty to maintain towpaths.

    1. Where towpaths coincide with pubic rights of way, the statutory responsibility to maintain the right of way rests with the District Council.

    1. Powers have been conferred by statute on statutory undertakers (e.g. water or gas companies) to excavate any highway for the purpose of installing or repairing pipes or cables.

D. To formulate a series of targeted objectives and to identify improvements to working practices and liaison with stakeholders.

    1. From the consultation, general themes for improvement have emerged, listed below.

A well-maintained access network

    1. There is a need to improve surface maintenance, signposting, and vegetation clearance along public rights of way, whilst retaining the character of the network. The number of unauthorized interferences with public rights of way needs to be reduced.

A legally recorded public rights of way network

    1. Applications for path orders need to be processed more quickly.

An environmentally-sustainable access network

    1. Improvements need to be made to preserve and enhance the biodiversity and historic character of public rights of way.

Providing information / promoting the use of the access network

    1. An increase is needed in the availability of access information and promotional material, along with an exploration of a greater use of a wider range of formats, to compliment relevant work carried out by others.

Education / encouragement of responsible behaviour

    1. There is a lack of understanding amongst certain people of their responsibilities and rights when using the access network. Such information must be transmitted much more effectively.

Development of new access

    1. New or improved access should be sought where there is a proven need, to include links between population centres and facilities, including schools, and improved equestrian access away from busy roads.

Physical improvements to the access network

    1. There are a number of positive steps that can be taken to make physical improvements to the network, ranging from destination signposts to improved gate latches.

Improving accessibility for all users

    1. There is a need to improve the provision and promotion of access for groups which either do not presently use the access network or who possess restricted mobility.

Working with partners

    1. The Council should improve its effectiveness by efficiently aligning its activities and aspirations with relevant activities and aspirations of others.

Improving working practices and customer care

    1. Various steps can be taken to improve the efficiency of the Council in terms of delivering improvements to the access network and its communication with the public in matters of access provision.

Funding

    1. The Council should investigate opportunities for external funding for access projects.


Monitoring and continued consultation

    1. The Improvement Plan is a living document and mechanisms are needed to ensure it remains effective and relevant.

  1. Objectives

    1. By using the details of the consultation responses, the Council's own experience and statutory duties, plus best practice, a series of objectives have been developed under each theme. These objectives are listed in the Action Plan in Appendix 1, with additional explanatory notes where needed or helpful. It is anticipated that the Action Plan may need to be updated as time progresses, and it is for this reason that it is separate from the main document text.

    1. The columns of the Action Plan table are explained below:

Rights of Way Improvement Plan themes and objectives

    1. The main theme appears as a heading and below in bold are listed the objectives, with explanatory notes where needed.

ROWIP reference

    1. Each objective had been given a consecutive reference number, prefixed by `ROWIP'.

Time scale for completion

    1. The target year for completion is given. Where objectives by their nature are ongoing activities, this is stated. Target dates will be set internally by the Council for specific parts of these ongoing projects when work commences.

Reduce, manage or invest

    1. In order to ensure that the District Council is making the best use of resources, an assessment for each objective has been made of whether the activity involves a reduction in resources, improved management of existing resources or the investment of additional recourses.

Risk

    1. The assessment of risk is the likelihood of failure of each objective.

Resources

    1. This lists the organizations or individuals who would be involved in implementing the objectives.

Funding source and scale

    1. Appropriate types of funding source are listed. This does not include possible additional external funding, as to seek such funding in the future is in itself an objective of the Improvement Plan. An indication of cost of completion of each objective is given, as such:

£ Under £5000

££ Between £5000 and £50,000

£££ Over £50,000

For ongoing objectives, the figure refers to the annual cost.

    1. Some of the objectives are general and not aimed specifically at one type of user over another. Different types of access are used by people for varied reasons and in varying ways. The following table lists some of these, and when implementing the objectives of this Improvement Plan, the table will be used as a cross-reference guide to make sure that all user perspectives have been considered.

Access examples

Journey examples

Travel modes / user examples

Public footpath

Work

Foot

Public bridleway

Education

Cycle

Restricted byway

Recreation

Horse

Byway open to all traffic

Access to services

Mobility vehicles

Cycleways

Exercise

Mechanically-propelled vehicles

Unclassified roads

Carriage

Wide road network

All abilities

Quiet Lanes

All ethnicity

Permissive access - linear

Runners

Permissive access - land

Dog walkers

Rights of way along towpaths

Buggies

Statutory open access land

Blind / partially-sighted

“De facto” routes

Restricted mobility of all kinds

Children

  1. Specific improvement projects

    1. All requests for specific improvements on the ground are listed in Appendix 2.

    1. The requests in Appendix 2 have come from the public during one short consultation exercise, and whilst they form a good basis to help to plan future work. It is not exhaustive and there will be additions and updates to be made as time progresses. It is for this reason that it is separate from the main document text.

    1. Many of the objectives in the Action Plan cannot be implemented without specific works taking place on the ground, and so, where resources permit, the requests in the list in Appendix 2 will be implemented where they are consistent with the broad objectives of the Action Plan. For instance, the list might be used as starting point for planning an improved and promoted equestrian route. Reference will also continually be made to the list during the day-to-day work of the Council, and opportunities to implement these specific requests be taken wherever possible.

    1. It is hoped that the specific requests will be transferred to a digitally-based map as a clearly-defined layer, available to all rights of way staff on a daily basis and on the Council's web site.

  1. Setting future work in a policy context

    1. The Improvement Plan has the potential to aid the delivery of a number of aspirations of the District Council, and there is also a wealth of work being carried out by other bodies, organizations and even individuals which complements this work. Cross references are made to the work of others in the Action Plan section of this document, and care has been taken to ensure that the objectives of this Improvement Plan serve to augment relevant work by others where possible. The necessity to work with partners in order to achieve certain objectives is essential.

Policies of West Berkshire Council

    1. The West Berkshire Partnership brings together representatives from the District Council, the police, health services, voluntary and community services and the private sector to work more closely and effectively to improve the quality of life of West Berkshire residents. The Sustainable Community Strategy is published by the West Berkshire Partnership. Its purpose is to set a clear vision and direction for West Berkshire to 2025, focusing on improving the social, economic and environmental wellbeing of the district in partnership with key local stakeholders.

    1. Under the key theme of `Accessible', relevant priority outcomes are to seek to limit future traffic growth; improve accessibility in rural areas and ensure local services remain accessible to the population they serve. Under the `Stronger' theme, a relevant priority is to reduce inequality in the health of local people, and under the `Greener' theme, to protect the countryside; increase the diversity of local wildlife and encourage sustainable travel.

    1. The Council Plan sets the Council's priorities for 2007 - 2011. Some relevant aims are to:

    1. The Rights of Way team at West Berkshire Council is part of the Countryside and Environment department, one of three services within the Environment Directorate. Service Plans provide information on how the above corporate plans are implemented. Service Plan objectives are agreed following consideration of the Council's corporate priorities, legislative demands and pressures on the service.

    1. `The Time of Our Lives' is a Cultural Strategy for West Berkshire, at present in draft form only. It describes the contribution that cultural activities make to our quality of life and the actions that are needed to ensure that cultural activity continues to play a full role. It acknowledges the vital part that enjoyment of the rural environment via the district's rich access network plays in the leisure time activities of residents. Some relevant specific priority outcomes in the document are to:

    1. The Government is encouraging Rights of Way Improvement Plans to be integrated into authorities' Local Transport Plans (LTPs), and a statement of the progress of the Improvement Plan has already appeared in West Berkshire's LTP2.

    1. LTP2 sets out the Council's transport planning policy framework for the next ten to fifteen years, along with a five-year programme of delivery. It has been written to serve the needs of West Berkshire's residents, businesses and visitors. West Berkshire's vision for transport is "to develop effective sustainable transport solutions for all". This means delivering a transport system which supports the economic vitality of West Berkshire as well as providing opportunities for people to get to the services they need, in a way that does not harm the environment of the district and beyond. It also means that this has to be done in a way that makes best use of the resources available. The effectiveness of the Council's and partners' actions is therefore critical in all areas of delivery.

    1. LTP 2 has various influences, ranging from published plans to informal consultation and aspirations of stakeholders. Various visions and objectives contained in other documents have also influenced LTP2, and these range from grass-roots-led documents such as parish plans, through broader local strategies and District Council aspirations to regional and national plans such as the South-East Plan. LTP2 has established five over-arching objectives:

    1. These link in varying degrees to nationally-established `shared priorities' between central government and local government, designed to improve progress on key matters. These priorities are: accessibility, road safety, congestion, air quality and quality of life.

    1. Seven specific strategies have been identified as key to LTP2: accessibility; road safety; passenger transport; walking; cycling; freight and travel planning. These strategies contain `principles for delivery', which are relevant to the ROWIP. The approach to the District as set out in LTP2 recognizes the diverse characteristics across West Berkshire. As a result, three broad geographical areas have been identified: the urban areas of Newbury and Thatcham; the eastern urban area and rural West Berkshire.

    1. The Walking Strategy seeks to ensure that the pedestrian route network facilitates easy access to major destinations from population centres, across `severance routes', e.g. major roads, and between transport interchanges. There are policies to promote walking for recreation, health and travel via school and business travel plans, led walks and good information in a variety of formats. It acknowledges the importance of high-quality infrastructure and maintenance, and general ease of access, including clear signage.

    1. The Cycling Strategy replicates the general aspirations of the Walking Strategy, including, in particular, a need to ensure permeability for cyclists across the urban environment. In addition, the Cycling Strategy aims to direct all new cycling infrastructure towards assisting the development of a network of strategic cycle routes, including the provision of good linkages to and from significant trip generators such as places of employment, residence, retail, education and leisure. It seeks to provide dedicated cycle tracks away from roads as a first choice.

    1. The Freight Strategy contains several main relevant strategy objectives, including to reduce HGV movements on inappropriate routes; enhance road safety; minimize the impact of HGV movements on local communities, including overnight lorry parking; reduce HGV movements on rural roads; encourage the use of alternative forms of freight transportation, in particular by rail and waterway, and to prevent HGV traffic from travelling on roads with weight restrictions.

    1. The Road Safety Strategy proposes to work with partners in rural areas to identify opportunities for improving the safety of the physical environment, in particular for pedestrians, cyclists and horse riders, and to undertake a review of safety problems on rural `B' roads, resulting in a priority list for action. Increased effort is to be made to disseminate speed reduction and other safety materials via partners, and also to use the Council's web site to increase access to a range of road safety information and as a tool for raising the profile of specific national and local publicity campaigns. The existing walking buses scheme is to be maintained and expanded within the school travel plan initiative.

    1. The Passenger Transport Strategy aims to maximize the opportunities identified in the Strategic Rail Interchange Study, improving access to the railway stations and ease of transition to other passenger transport modes, e.g. walking and cycling.

    1. The Travel Plan Strategy aspires to promote walking, cycling and passenger transport as good travel-planning tools where there are opportunites for realistic and safe use of these modes. It proposes to work with the Cycle Forum, schools, businesses and other organizations to identify and deliver improvements or additions to the walking and cycling network and to work with schools to develop and implement travel plans.

    1. There are many links to the Walking and Cycling Strategies in the Accessibility Strategy, but in particular this strategy aspires to support all sustainable modes of transport, including the provision of information in a variety of formats, to optimize uptake and use of these modes. These measures are to include promotion of walking, cycling and public transport. Also, the importance is recognized of delivering infrastructure improvements relating to new development, to ensure that such developments are linked effectively to the road and public transport network.

    1. The West Berkshire District Local Plan precedes the future Local Development Framework. One relevant aim is to ensure that new development facilitates, where possible, priority access by public transport, walking and cycling. Its recreational aims include to seek improved access to the countryside in a manner which conserves its landscape and wildlife value, is sustainable in the long-term, and which minimizes the conflict between users, landowners and local residents.

    1. The Berkshire Structure Plan 2001 to 2016 is a document that provides a broad strategy for Berkshire. The present plan advocates the use of Council powers to promote alternative modes of travel than by car, including in relation to major developments.

    1. Government Planning Policy Guidance on general policy and principles (PPG1), contains a key objective of the planning system, which is to influence the location of different types of development in relation to transport (and vice versa) and in particular to foster forms of development which encourage walking, cycling and public transport use. The Planning Policy Guidance on sport and recreation (PPG17) emphasises the importance of creating and maintaining areas of open space and public rights of way for walking. Within the south-east, the Regional Planning Guidance RPG9 (March 2001) lays particular emphasis on locating developments in such a way as to encourage access on foot. It encourages local authorities to develop safe, direct, convenient and continuous pedestrian routes linking major land uses, and also to link with national or regional routes where possible.

    1. The draft Highway Maintenance Plan provides guidance on delivery of best value highway maintenance, consistent with the aims of the Council Plan. It seeks to attain this by providing a safer highway network, improving travelling conditions for all highway users, and ensuring greater care of the local environment. A `sister' document, the draft Network Management Plan, has also been developed to define the strategy for managing use of the road network. These both form part of the Council's draft Transport Asset Management Plan (TAMP), scheduled for implementation in 2009. Public rights of way have been incorporated into these two plans.

Other relevant policies and work

    1. The Mid and West Berkshire Local Access Forum was set up in 2003. It is run jointly by West Berkshire District Council and Reading and Wokingham Borough Councils. It is a statutory body which must advise the three councils on improvement to public access to land and linear access for the purposes of open-air recreation and enjoyment of the area. It must comprise representatives of access users, land managers and others with relevant interests. It meets three times per year and to date has advised on many matters, including via working groups addressing encouragement of responsible behaviour, Council procedures and access for those with restricted mobility.

    1. The Local Access Forum concentrates on providing advice at a strategic level and it is recognised that liaison with access users regarding more localized and specific matters is also beneficial. For this reason the District Council attends an occasional meeting of such users under the title `Rights of Way Liaison Group'.

    1. The two groups have proved invaluable, not only through guiding the work of West Berkshire Council but also through imparting a wide perspective and much combined experience to the advice that is given.

    1. As well as formal policies, there is much relevant work being carried out within various departments of the Council with which the Improvement Plan must be incorporated.

Parish plans

    1. A Parish Plan gives local people the opportunity to engage with their fellow residents, community groups, service providers and others to set out a vision for how they want their village or town to develop over the next 5-10 years. It examines all aspects of local life and uses consultation with the community to provide the foundations for an action plan, which prioritises local issues, identifies key partners for delivery and sets target dates for the completion of projects. Several relevant themes have repeatedly emerged from plans to date:

National Trails Management Strategies

    1. Two National Trails pass through West Berkshire, The Ridgeway and the Thames Path, both of which utilize public rights of way. National Trails provide a nationally and internationally-recognized and promoted series of walks and rides. In West Berkshire the Thames Path is promoted for use by walkers and The Ridgeway for use by walkers, equestrians, cyclists and carriages.

    1. The delivery of high-quality National Trails depends on a partnership between many organizations, including Natural England, local authorities, voluntary bodies, landowners and occupiers, private sector companies and local individuals and communities. Proposals for specific projects and long-term ongoing management are contained in the Ridgeway and the Thames Path Management Strategies, endorsed by the National Trails Management Group, of which West Berkshire Council is a member.

    1. West Berkshire Council contributes to the upkeep and management of the two Trails. The work is based on three main principles:

North Wessex Downs Area of Outstanding Natural Beauty (AONB) Management Plan

    1. The primary purpose of the AONB is “to conserve and enhance natural beauty”. Recreation is not an objective of the designation but the demand for recreation should be met in so far as it is consistent with rural industry and agriculture and the social needs of local communities.

    1. In relation to access, there are close links within six of the main themes of the Management Plan:

Forestry Commission

    1. The Government, through the Forestry Commission, is by far the largest owner of woodlands nationally. Its policy is to allow access to all its woods on a permissive basis, provided there are no legal or management constraints.

  1. Vision

    1. In the context of the District Council's own aspirations and the themes that have emerged from the public consultation for this Improvement Plan, an inspirational and believable picture of the future (i.e. a `vision') can be applied to the Plan, which is as follows:

`To enhance the opportunities for society and the environment to benefit at all levels from the public access network in West Berkshire'.

    1. Some existing relevant published visions within West Berkshire Council are as follows:

  1. Funding and resources

    1. Although the Rights of Way Improvement Plan is a District Council-wide function, the lead for the work will in the main come from the rights of way team in the Countryside and Environment Department at West Berkshire Council.

    1. This team comprises three full-time and three part-time officers, plus technical support, and three full-time Countryside Rangers.

    1. The work of the rights of way service is funded from a mixture of Capital and Revenue budgets. An additional small contribution comes from S.106 Town and Country Planning Act, 1990, planning agreements, for improvement works associated with development. The core annual Capital budget held by the Countryside and Environment Department for access schemes is £ 175,000. The annual revenue budget is £ 284,000, which includes £ 168,000 for salaries, £6,000 for equipment and £ 37,000 for works projects.

    1. Advantage has been made of occasional offers of grant-aid, for instance from the former Countryside Agency (for work on open access and National Trails), from the Government (for work following the floods of July 2007) and from the North Wessex Downs AONB.

    1. There are many other potential sources of funding for countryside access projects, especially where the involvement of local communities can be demonstrated. The Action Plan here proposes that greater advantage is taken of these in the future.

  1. Measurement and management of performance

    1. Standards of performance are written statements describing how well a job should be performed, and provide benchmarks against which to evaluate work performance. Whilst a job description describes the essential functions and the tasks to be carried out, performance standards define how well each function or task must be performed in order to meet expectations. Criteria for success need to be defined in terms of the four primary indicators of successful performance: quality, cost, quantity and time. Desired outcomes are described in specific, objective and verifiable terms, and formal monitoring of performance will take place via the Council's one-to-one coaching and appraisal processes.

    1. Many of the Improvement Plan objectives will need to be implemented as specific projects, to be programmed concurrently with others. Principles of good project management practice, coupled with performance standards, will be applied to ensure that targets are met.

    1. Until 2007/08, the performance of West Berkshire Council's rights of way service was measured through national Best Value Performance Indicator 178, which required an annual assessment of `ease of use' of a random selection of 5% of the public rights of way network. Between 2006 and 2008, the result rose from 74% to 79%. The formal indicator BVPI 178 ceased in 2008, but the annual assessment will continue, because West Berkshire Council considers this to be a locally important area of delivery.

  1. Monitoring and sustainability

Monitoring

    1. The public consultation exercise was, of course, a survey of the public`s need at one time only. Some principles behind the objectives will endure, but there is a need to be aware of changes which may affect the relevance of both the objectives in the Action Plan and the requests from the public for specific access improvements.

    1. Changes will also occur as work takes place to implement the Improvement Plan.

    1. Proposals for monitoring progress of implementation of the Plan and monitoring the relevance of its content are contained in the Action Plan.

Sustainability

    1. The Action Plan advocates the implementation of improved sustainable procurement and working practices, along with an introduction of improved environmentally-sustainable working practices, which also protect and enhance biodiversity and historic landscape and features.

    1. The implication of this is that all the actions in the Improvement Plan will be monitored for environmental effects. A strategic environmental assessment (SEA) was carried out on LTP2 in 2006, including the Walking and Cycling Strategies, whose broad aspirations complement those of this Improvement Plan.

    1. The SEA noted that, in the Walking and Cycling Strategies, an encouragement of walking and cycling could increase damage within sensitive areas, and care was therefore taken to ensure that walkers and cyclists would be encouraged to keep to dedicated paths and cycleways. Such a problem is unlikely to arise in this Improvement Plan, as it is concerned with dedicated paths, except in the case of statutory open access land and, in rare cases, permissive open access. Statutory open access land will, as a result of this Improvement Plan, be managed in conjunction with landowners, and the statute under which it was created bans any environmentally-damaging behaviour by the public.

  1. Sources

West Berkshire District Council Rights of Way Improvement Plan

5