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Permissive Footpath Agreement

Section 228 of the Highways Act 1980 is primarily used by County Council or Unitary Authority to declare a road as a highway that can be implemented at public expense. The road department must carry out work on the line. These road works should correspond only to the type of highway covered by the advisory. For a potential cutting, if the grass is cut or a hedge is cut, this could represent roadworks for the purposes of this section, so that it can be used. The authority then places s.228 “Adoption of Streets” messages at each end of the route. Only the owner of a street (or more than one, the majority of owners) has the power to object. If there is an objection, the Road Service can either hire or go to a court of law. A path created by this method can be reissued at a cost. Hampshire County Council has used this method for footpaths[16] and Essex County Council often uses it for new roads. [Citation required] A permissive lane, an authorized lane or a licensed lane is a lane (which could be for hikers, cyclists, cyclists or any combination) whose use is authorized by the landowner.

Normally, this is a path that is not on the final map of public rights of way at this stage, but does not prevent it from already being a public road for one or all of the categories of users cited. For example, it could be a historical route that is not used, or it could have been used by the public for twenty years “right”, in both cases it is a public priority right that is not yet represented on the final map. Some hiking trails and riding trails are displayed on 1:25,000 and 1:50,000 scale survey maps. Some of the walking trails and fixed thunderstorm trails are depicted as broken short/long orange lines on 1:25,000 scale survey maps. However, many open trails are the result of local agreements that are only fixed for a specified period of time and are not shown on maps. If an agreement has been reached between the landowner and the road authority, the Authority may be prepared to take into account all the problems that arise when using a permissive route, although there is no obligation to do so.