Public rights of way - Portsmouth City Council

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A public right of way is a path that can be used for leisure and recreation by anybody at any time.

For more information about Portsmouth public rights of way, email rightsofway@portsmouthcc.gov.uk or contact the Safer Travel Team, Civic Offices, Guildhall Square, Portsmouth, PO1 2AL.

Hampshire Countryside Access Forum (see below) and Gov.uk have more information on public rights of way.

Who can use a public right of way?

Each path is classified according to who is allowed to use it. The classifications are:

footpath (pedestrians only)
bridleway (pedestrians, cyclists and horse riders only)
restricted byway (no motor vehicles)
byway (open to all traffic)

Where are the public rights of way in Portsmouth?

Portsmouth rights of way are shown in a series of maps downloadable below.

Rights and responsibilities on public rights of way

As a user, your rights and responsibilities are to:

be able to use a right of way without obstruction or intimidation
use a right of way with normal accompaniments, such as a dog or pram (but not on a bicycle on a footpath)
use the right of way with respect for other users and the owner of the land through which it passes
keep any dog with you under control, on a lead if necessary, to prevent it from fouling the right of way and to stop it from running over any adjoining land
use the right of way for its designated purposes only.

Landowners’ responsibilities to the rights of way on their land are to:

ensure rights of way are free from obstruction, such as overhanging foliage
ensure the surface is in a fit condition for its intended use
signpost and mark rights of way
provide and maintain stiles and gates
remove rubbish and litter as far as is practicable under the Environmental Protection Act 1990
progress applications to divert or nullify rights of way, if applicable, under the Town and Country Planning Act 1990

How are public rights of way created?

A landowner can give the public the right to use a route over their land, that is, ‘dedicating’ the route as a public right of way. Legally a dedication must be for all the public, and for all time, but the landowner can determine who can use the route, for example pedestrians only, or pedestrians, cyclists and horse riders.

Sometimes routes are used as public rights of way over time. The presumption here is that, at some time in the past, the landowner either dedicated the way as public, but has lost the evidence of the dedication, or the landowner made no objection to the public using the route. To be legally acceptable, the public must have been openly using the route, without interruption, for a period of twenty years.

Landowners can deposit maps with the council showing any public rights of way on their land, together with a declaration to the effect that they do not intend to dedicate any other routes. Hampshire County Council has more information on this.

Portsmouth rights of way orders

The Camber

Please read the Definitive Map Modification Order and accompanying General Notice below.

Rights of way orders and register of applications

Register of applications – Portsmouth City Council keeps a register of applications that have been made to change the definitive map of public rights of way. This register means that landowners, users of rights of way and the general public can see applications that could result in changes to the definitive map.

To register an application for creating, diverting, modifying or extinguishing (withdrawing) a Public Right of Way, please email rightsofway@portsmouthcc.gov.uk stating the following:

What you are applying for (creation, diversion, modification or extinguishment of a right of way)?

The site location
Why you are applying

In the table below is the list of applications made in accordance with the Wildlife and Countryside Act 1981.

Status	Area	Description of route claimed	Grid reference from/to	Notice served
Not found	Map 1 Paulsgrove	Portsdown Hill Road near Churchillian Pub to Skew Road	466135/462597	Nov 99
Found	Map 9 Eastney	Side of 57 Halliday Crescent to footpath at junction of Henderson Road	467409/467418	May 06
Found	Map 9 Eastney	Green are opposite 1 Driftwood Gardens to junction of footpath at Henderson Road	467409/467449	May 06
Not found	Map 9 Eastney	Rear of garages opposite flats 85-95 Halliday Crescent to the side of 10 Halliday Crescent	467382/467388	Sept 06
Found	Map 4 Baffins	Side of 157 Stanley Avenue to the dirt track at the rear of 157 Stanley Avenue	467015/467029	Nov 06
Not found Appeal dismissed by Planning Inspectorate	Map 8 Southsea	Outer edge of The Camber Dock Old Portsmouth	462983/462989	Nov 14
Applications for Modification Order under Section 53(2) of the Wildlife and Countryside Act 1981. The application(s) are currently being reviewed	Map 8 Southsea	From Trimmers Court at junction with East Street proceeding northwards with Quayside edge proceeding south along water edge to Bridge Tavern turning west along inner Camber basin edge to southern end of Trimmers Court.	462983/462989	Jul 16
The application(s) are currently being reviewed	Map 4 Baffins	Compton Road – Battenburg Avenue	465789/465772	June 2019

Improving public access

The Hampshire Countryside Access Forum provides advice on management and maintenance policies for rights of way and access land. It principally advises Hampshire County Council, Southampton and Portsmouth City Councils, but also government bodies and user groups.

The forum meets quarterly. Members of the public are welcome to attend, submit a question or make a representation. For more information email sgs@hants.gov.uk