This page is relevant to anyone who manages or advises on land management affected by coastal change. This will include:
- land owners and managers
- local councils
- community groups
- the Environment Agency
- a range of other stakeholders
This guidance maybe superseded when Coastal Access, to be introduced under the Marine and Coastal Access Act 2009, is implemented around the coast of England. However, there is currently no indication of when this is likely to be implemented in Suffolk.
The guidance will form part of a broader information pack produced and distributed by the Environment Agency for land managers, and is likely to develop over time as coastal policies and practices evolve.
The purpose of this guidance is:
- to ensure public rights of way issues are properly addressed in any coastal (including estuarine) works affecting them
- to give guidance on how we will prioritise public access routes affected by other coastal and estuarine change
- to encourage all parties to integrate public rights of way and flood defence priorities
Background
Public rights of way are a highly valued aspect of the Suffolk coastline, providing health and recreational benefits, a major attraction to the area for local people, visitors and tourists and contributing significantly to the local economy. Everyone has a role to play to safeguard future public access wherever possible. Many rights of way run along coastal cliffs or on top of coastal/estuary flood defences. Several areas of the coast are vulnerable to erosion and rights of way have been, and will continue to be, lost. Likewise, defences are vulnerable to degradation through natural processes, usage and reduced maintenance.
Public rights of way are public highways and are protected by law, under the Highways Act 1980. It is an offence for anyone to close a public right of way, or to disturb or damage the surface without lawful authority. The county council as the Highways Authority is the legal body with responsibility for rights of way matters. We want to ensure that our commitment to working with communities to protect the coast does not conflict with our statutory duties and policies in respect of public rights of way, and that as far as possible the two commitments are balanced sensibly.
Similarly, all works on coastal defences require legal consent from the Environment Agency, and in some cases may also need consent from the Marine Management Organisation, the local planning authority, or Natural England. The Environment Agency is responsible for ensuring the structure is fit for the purpose of flood defence.
There are three broad scenarios where rights of way could be affected by coastal or estuarine change:
- maintenance or improvement of defences which also support public rights of way. This work may be led by land managers or the Environment Agency
- managed realignment - where there is deliberate action to realign defences. This will generally be led by the Environment Agency
- no active intervention - where nature is allowed to take its course, either on eroding coasts or where defences are allowed to degrade due to lack of ongoing repair and improvement
Your responsibilities in relation to public rights of way
Maintenance or improvement of defences
Where a public right of way is affected, the scheme instigator/co-ordinator should liaise with the East Area Rights of Way Team from the start to ensure highway legal requirements and priorities are included. Contact details for the East Area Rights of Way team can be found on our public rights of way contacts and links page.
You will need to apply for authorisation to do work on a public right of way, and you can find further information and the application form on our rights and responsibilities page. As part of the application process you will need to agree a surface finish (depending on local circumstances but should be suitable for use in most weather conditions, foundation and width with the appropriate Area Rights of Way Team, as they are responsible for authorising the work on behalf of Suffolk County Council. In making their decision as to whether or not to approve the work, they will have regard to advice received from the Environment Agency, and if appropriate, the local planning authority and Natural England.
The width of a public footpath should be 2.5 metres on rebuilt walls where the existing width is 2.5 metres or more, giving a 2 metre walkable width. However, we do accept that achieving a 2.5 metre width may not always be possible. Where the existing width is less than 2 metres we will seek a widening of the usable width as part of the works where practicable. We may accept less rigorous conditions where usage of the public footpath is low.
The surface and width of works on any bridleway over defences will be considered on a case by case basis.
Where the public right of way has to be closed temporarily, we will expect an alternative access route to be provided wherever practical. Further information about temporarily closing public rights of way can be found on our traffic regulation orders page.
Managed realignment
Where flood defences need to be realigned and a public right of way is affected, we will expect the Environment Agency or scheme owner to provide and fund the provision of an alternative route as part of the overall project management for the scheme, based on the principles set out below.
No active intervention
Where public rights of way are threatened through defences not being maintained and natural processes being allowed to run their course, principle A set out below will specifically apply.
Our principles when dealing with public rights of way on the coast and estuaries
Principle A
Where public rights of way are affected by managed realignment, natural processes or a decision not to maintain defences, we will adopt a cost/benefit based approach to agree what measures are suitable for a particular route. This approach will reflect the importance of the route under threat. The approach might range from effective abandonment if it is a low priority route, to working with land managers to try to provide an alternative route if the value and usage of the path merits it.
In exceptional cases, on higher priority routes, we may consider creating an alternative route by order, or investing in the maintenance of the defences in order to protect the public right of way.
Where alternative or new public rights of way are to be provided, we will seek a route closest to the coast or estuary giving permanent dry access. We will seek an equivalent access experience for users, offering a continuous route, sensible direct links, quality and similarity of experience to that which is being lost, having regard to the interests of land managers and nature conservation. This will require an order making process.
Principle B
We will not unreasonably withhold consent or add unnecessary burdens to those undertaking works, beyond the guidance contained here.
Principle C
Our Rights of Way and Access Team will provide guidance to applicants on priority routes, ie those needing to be wider and / or better surfaced. The appropriate Area Rights of Way Team should be contacted in the first instance. We will work closely with applicants to agree the surface and width conditions and ensure that the consent form is completed correctly.
Principle D
We will work with all relevant parties to ensure that public access and flood defence priorities are properly discussed and aligned wherever possible, and that investment achieves maximum benefit for all concerned.
Principle E
We will ensure that these guidelines are widely disseminated to all parties involved in managing coastal change.
Timescales
We will give priority to applications for works on public rights of way and temporary closures on the coast. Once we have received a completed application, it will generally take about 8 weeks to process.
Fees
There is no charge to apply for authorisation to do works on a public right of way. However we do charge to deal with applications to temporarily close a public right of way. Further information can be found on our traffic regulation orders page.
Contacts
For general advice about our coastal policy contact the Customer Services.
For advice specifically about coastal public rights of way, please contact the East Area Rights of Way Manager:
