Assessing rights of way
Designers and developers should consult the Definitive Map of Public Rights of Way to establish their legal obligations and the exact location of any Public Rights of Way crossing the development site or running alongside it. Be aware, the legal line of the Highway recorded on the Definitive Map of Public Rights of Way, may not always accord with the route used on the ground.
Details of how all existing and proposed Public Rights of Way will be treated should be provided within the planning application. Details should include provision for their management during construction, boundary treatments, surfacing, width, structures, signage and landscaping.
Consideration should be given as to who will use the Public Rights of Way and why, to maximise non-motorised travel. Consideration should be given to users of all abilities at the outset by careful consideration of surfacing, path widths and gradients and in accordance with the requirements of the Equality Act.
Design of rights of way
Obstruction or diversion of an existing right of way is not permitted without obtaining the consent from the local highway authority (even if planning permission has been granted). Designers should work to the principle of accommodating a right of way within a scheme on its existing legal alignment. This can be checked against the Definitive Map and Statement for Leicestershire by contacting the Public Rights of Way Team.
Where the council agrees they are to be necessary, the design of access barriers should be given substantial consideration to ensure the continued maintenance of access by legitimate Public Rights of Way users, whilst impeding the unlawful entry of vehicles such as motorcycles.
Paths should be routed through public opens spaces where appropriate and ideally away from estate roads. If the use of footways or cycleways is unavoidable, the route should be as direct as possible. Parallel paths and footways should be avoided.
The council will strongly resist the provision of routes that take the form of narrow passageways bounded by walls, hedges or close-boarded fencing.
Grass verges of 1m width should be provided to either side of the route. The planting of fast growing, invasive species (including suckering species such as Blackthorn) near to Public Rights of Way must be avoided. If a route is curved or has corners, the distances between planting and the path should be increased to maintain satisfactory visibility.
Lighting is not normally a requirement for Public Rights of Way. Where it has been agreed by the council, care should be taken to ensure that any planting would not reduce illumination from the lighting.
Developments may have a significant effect on the level of use of the surrounding network of Public Rights of Way, particularly where they may become important routes to neighbouring areas, shops, schools, services and places of employment. Requests may be made for improvements to the local path network beyond the development boundary.