Public Rights of Way
About Public Rights of Way
Article 3 of the Access to the Countryside (Northern Ireland) Order 1983 (the 1983 Order) places each district Council under a duty to assert, protect and keep open any public rights of way in its district and to compile maps of public rights of way in its district.
A public right of way:
- is a highway which any members of the public may use as of right: not a privilege granted by the landowner
- is a permanent legal entity and remains in existence unless and until the path is extinguished or diverted by legal process
- may be limited to certain types of users
- must be respected by the occupier and landowner, who should do nothing to obstruct the public right of way or prevent anyone from exercising their rights of passage.
A public right of way does not include a road or other way which is maintainable by a government department.
Public rights of way may arise by assertion or be created by agreement or order.
Public rights of way by assertions
An assertion investigation includes the collation of evidence from various sources including witnesses and landowners and an impartial assessment of all the evidence.
If the evidence shows that a public right of way does exist, then Council has a statutory duty to make the assertion.
There are three different types of asserted public rights of way:
- footpath - open to pedestrians only
- bridleway - open to pedestrians and horse riders
- carriageway - open to pedestrians, cyclists, horse riders, horse drawn vehicles and motor vehicles.
Evidence forms are attached below and should be completed and returned to the Public Rights of Way Officer.
Public rights of way by agreement or order
Council has a discretionary power under the 1983 Order to make public path creation agreements with landowners to create public rights of way.
If agreement is not reached, Council may seek public path creation orders to secure access to specific land.
Council also has a discretionary power under the 1983 Order to make public path diversion orders to divert public rights of way and where the statutory criteria is met, public path extinguishment orders to extinguish public rights of way.
The statutory procedure for creating, diverting and extinguishing public rights of way is set out in the 1983 Order.
Created or diverted public rights of way are open to pedestrians, horse riders and cyclists, but may be subject to specific limitations or byelaws.
Map of public rights of way
A list and map of public rights of way in the Borough can be accessed using the following link - ANDBC Public Rights of Way
Contact details
For further information or paper copies of evidence forms, please contact:
Public Rights of Way Officer
Ards and North Down Borough Council, City Hall, The Castle Bangor BT20 4BT
Email: publicrightsofway@ardsandnorthdown.gov.uk
