Paths Greenways Bridleways Tracks
PGBT
Where an application has been made under Schedule 14 of the Wildlife and Countryside Act 1981 to record public rights other than those already recorded, and there has been delay in the surveying authority reaching a decision on the application, the applicant may ask the Secretary of State to direct the council to determine the application by a set date.
The definitive map and statement for an area show footpaths, bridleways and byways that have already been recorded since the system was established in 1949. Since 1981, it has been possible for any person to apply to change the path record.
Paragraph 2
of Schedule 14 to the 1981 Act provides that once an application is made, the
applicant shall serve notices on the owners and occupiers of the land crossed
by the route. Where there is doubt that all the
owners and occupiers have been identified, the surveying authority (the county
council or unitary authority) may direct that site notices are posted.
The applicant then certifies to the council that this step has been completed.
Once 12 months have elapsed from the date of the certificate (not the date of
the application), then the applicant may ask the Secretary of State to direct the
Council to determine the application within a set period of time.
The effect of a Direction from the Secretary of State depends on the council reciving it. In Hertfordshire, 50 points are added the the application’s prioritisation score, which effectively means it will be one of the next dozen or so cases to be examined.
No. If every case has priority though a direction, it would be the same as no case having priority. Applying for a direction is therefore best reserved for the most deserving cases or those that are perhaps very old.
Yes. The Planning Inspectorate publishes Inspectors' decisions on direction applications on its Schedule 14 decisions since 2023 website.
Schedule 14 directions have been issued by the Secretary of State for the following local cases, amongst others: Ridge 21 (2019), South Mimms 81 (2018), St Albans City 104 former slip road to A414 (19 Feb 2018), Bushey 76 Finch Lane (19 Feb 2018), Aldenham 68 (7 Nov 2017), Shenley 33 (2 Jun 1994), and Aldenham 79 and Elstree 60 Tykeswater Lane (25 Feb 1993).
While every endeavour has been made to give accurate information, the law is complex, subject to different interpretations and subject to change. The contents of this website are offered to help registered supporters and general readers, but do not constitute formal legal advice.