Public rights of way

To check whether a path is a public rights of way please contact our Highway Maintenance service. Details are at the bottom of the web page.

Designated public footpaths are for walkers only. You should not ride a bicycle or a horse on a public footpath.  Prams, pushchairs or wheelchairs can be used where possible. Dogs can be taking for walks along the footpaths as long as the dog is on a lead or under close supervision.
  
Public Bridleways are for walkers, horse riders and pedal cyclists. Pedal cyclists should give way to walkers and horse riders. 
  
Byways open to all traffic  (BOATs for short ) - are  routes available for use by walkers, horse-riders, pedal cyclists, motorcyclists, horse drawn carriages and motor vehicles. Any vehicles using public byways must be licensed and insured, properly taxed and fit for use on public roads. In some areas use may be restricted by a traffic regulation order. It is a criminal offence to drive any motorised vehicle on a public footpath or bridleway without 'lawful authority'. 'Lawful authority' includes the right of the local authority to take vehicles along a right of way to maintain it or the permission of the landowner of the land over which the right of way crosses. 
  
It is an offence to use any right of way in a reckless or careless manner, or without consideration of other users.

Public rights of way do not in any way affect private rights of access that may exist over that land for landowners and householders. These rights should be mentioned in the deeds of the land in question. Some ways can carry both public and private rights; e.g. a farm access road may also be a public footpath. Private rights must not be exercised in any way as to interfere with the rights of the public.

2021

• The British Horse Society
• DMMO Register for Luton Council
• British Horse Society DMMO Application form
• British Horse Societty DMMO Map

Landowners may give permission by a formal agreement with us to use paths or tracks over their land that is not public rights of way. Usually referred to as 'permissive paths', they are not covered by rights of way legislation and there is usually no intention that they should become public rights of way. Notices may be erected at each end of the path to this effect and cover additional restrictions on use that may apply. If you require any further information please contact us at the above address.

Please remember it is an offence to use any right of way in a reckless or careless manner, or without consideration of other users.

If you want to make an application to submit a highways statement (to protect your land against claims for rights of way) or a combined highways and landowner statement (to protect your land against claims for village green rights as well as rights of way), and/or a declaration, you will need to complete application form CA16. This form is available for download, along with further guidance, at GOV.UK – Commons Act 2006: landowner statements, highways statements and declarations form.

Before you send us your completed form CA16 you must make sure that:

• The application is signed by every owner of the land to which the application relates, or by their duly authorised representative.
• The application is accompanied by a plan, showing the rights of way over the land, at a scale of not less than 1:10,560 (a map at 1:5,000 is acceptable as an example). It should show the boundary of the land to which the application relates (the extent of landownership) in coloured edging.
• The application is accompanied by the appropriate fee (see below).
• You have supplied a contact email address and/or phone number.

Please send your completed application back to us at the address below.

Highway Development Control (Planning)
Luton Borough Council
Town Hall
George Street
Luton
Beds
LU1 2BQ 
E:  [email protected]

We'll check the application form and map against the definitive map and if any amendments need to be made we will contact the applicant. If no amendments are needed, we'll tell the applicant the date from which the deposit is effective and details of the deposit will be added to the "Statement and Declaration Register".

Applications are usually processed within six weeks. It is the landowner’s (or their successors in title) responsibility to ensure that they submit a declaration every 20 years to keep the deposit effective. We won't remind landowners when declarations need to be renewed.

Please note: the statement of truth in the application form places on the applicant the onus of getting facts correct. If the statement or map(s) in question contain a material error, then it could invalidate the application.

Protecting your land

Regular use by the public of an informal path, can result in those rights being formalised and recorded. As a land owner you can protect your land against claims for public rights of way rights, by showing that, at the relevant time, you did not intend these rights to be acquired. This can be done by physical actions such as displaying notices, fencing the land or locking gates.

One option for landowners to protect their land is set out in legislation:

• Section 31(6) of the Highways Act 1980 enables a landowner to deposit a statement accompanied by a map, acknowledging any existing public rights of way across their land at the same time as declaring that they have no intention of dedicating any further routes to the public. This is known as a highways statement and will protect the land for a period twenty years from the date of the deposit. However, it must be followed up with a declaration within this period, to ensure continued protection of the land for a further twenty years from the date of the declaration. 
• Section 15A of the Commons Act 2006 enables a landowner to deposit a landowner statement accompanied by a map, which can be combined with a highways statement, to protect that landowner’s land from registration as a town or village green as well as protecting the land from claims for additional rights of way.

Once lodged with Luton Council, the map, statement and declaration become public documents and available for public inspection. All local authorities are required to keep a public register of maps and statements deposited, and declarations lodged under Section 31(6) of the Highways Act 1980.