Brighton & Hove City Council is responsible for the public rights of way around our city, including:
Brighton & Hove City Council will continue to be responsible for rights of way in the South Downs National Park that fall within the authority boundary.
Brighton & Hove City Council has duties under the Highways Act 1980 and the Wildlife and Countryside Act 1981 to make sure all rights of way are free from obstructions or other nuisances preventing or deterring the public from using a path. These duties include:
All public rights of way should be open and able to be used by the public.
To report a problem:
You can use the paths and green spaces access map to plan a trip around Brighton & Hove, taking in the beautiful South Downs National Park, coastline, and cityscape.
The map includes:
Brighton & Hove City Council has adopted the Rights of Way Improvement Plan (2017 to 2027). The plan sets out how the authority intends to improve provision over the next 10 years for:
Brighton & Hove City Council will be working with the Brighton & Hove Local Access Forum and partners to deliver the aims and objectives set out in the:
Cityparks:
Brighton & Hove City Council works to provide the least restrictive access possible, for example, replacing stiles with gaps or gates.
Cityparks:
Land manager:
Cityparks:
Land manager:
Cityparks:
Land manager:
This map shows all public rights of way in Brighton & Hove that fall into one of the following categories:
Byways Open to All Traffic (BOATs) are open to all classes of traffic, including motor vehicles, although they may not be maintained to the same standard as ordinary roads. In some cases, these byways may have Traffic Regulation Orders (TROs) on them, restricting vehicular access.
Inclusion on the map is accepted in law as evidence of the existence of the right of way. Rights of way shown on other maps, such as Ordnance Survey maps, are based on the definitive map.
Only the paper copy has legal status.
An online version of the rights-of-way map is available. The information contained on the online map is regularly updated and maintained, but may not be accurate. It does not constitute a definitive statement as to the status of any particular highway.
If you require a more detailed plan and accurate information, send an email to parkingdesign@brighton-hove.gov.uk
To view the definitive map and statement of rights of way:
Anyone has the right to apply for the definitive map to be corrected if they believe there is an error on the map or if information is missing.
Contact us for an application form if you wish to make a Definitive Map Modification Order (DMMO).
View copies of the applications for amendment currently registered with us.
There are no current Public Path Orders in process in the Brighton & Hove area.
If a public right of way is going to be affected by a development, it can be diverted or stopped by a Public Path Order under the Town and Country Planning Act 1990.
If there are no planning issues, but the landowner would like to move (divert) or delete (extinguish) a public footpath, bridleway, or restricted byway on their land, they can apply to Brighton & Hove City Council for a public path diversion or extinguishment order under the Highways Act 1980.
The criteria to be met are strict and, due to the public consultation element, it's often quite a lengthy process.
If a public objection is received, it can only proceed by referring it to the Planning Inspectorate. This may result in a public inquiry. Brighton & Hove City Council can also make Public Path Creation Orders and agreements. Most of these orders are funded by the applicants.
View copies of Modification Orders.
Under s119 of the Highways Act 1980, before making an order, the council needs to be satisfied that it's in the interests of the owner/occupier of the land and/or the public users of the path to be diverted.
The council also needs to be satisfied that the proposed route will not be substantially less convenient for the public to use than the existing route.
Other considerations include:
Under s257 of the Town and Country Planning Act 1990, this power is used if the council is satisfied that a path should be diverted to allow for development to be carried out in accordance with planning permission.
However, planning permission alone does not automatically lead to a diversion order. The council must consider any disadvantages to users of the route because of the change
Under s118 of the Highways Act 1980, before making an order, the council needs to be satisfied that the path concerned is not needed for public use.
We need to consider:
Consideration can also be made of any concurrent creation orders/agreements or diversion orders, which may provide an alternative route.
Under s257 of the Town and Country Planning Act 1990. This power is used if the council is satisfied that a path should be stopped up to allow for development to be carried out in accordance with planning permission.
However, planning permission alone does not automatically lead to a stopping-up order.
The council must consider any disadvantages to users of the route because of the change.
Under s26 of the Highways Act. Before making an order to create a new footpath, bridleway, or restricted byway, the council must be satisfied:
The effect on the rights of those people with an interest in the affected land must be taken into consideration.
Under s25 of the Highways Act 1980. This is where the council enters into an agreement with a landowner for the dedication of a new footpath, bridleway, or restricted byway.
The council must receive proof of land ownership before an agreement can be entered into.
If a path is used by the public over an extended period, it can become a public right of way (see DMMOs, above).
If a landowner wants to prevent additional public rights of way being established on their land, they can deposit a map and statement with us, showing recognised public rights of way that they admit exist over their land and make a statutory declaration confirming that no new rights of way have been dedicated. This will need to be renewed every 20 years.
To deposit in respect of your land, send an email to cityparks@brighton-hove.gov.uk.
Landowners may wish to install other measures, like signs, to challenge any unauthorised public access on their land.
The rights of way law is a complex area, and landowners are advised to take their own independent legal advice on any issues that may affect their land.
The Section 31(6) deposits registered with Brighton & Hove City Council since 2010, under Section 31(6) of the Highways Act 1980, are detailed on this register.
View, print or download the Brighton & Hove Section 31(6) Register.
Below are copies of the statements and declarations registered with us:
Brighton & Hove is surrounded by many areas of open-access land available to enjoy on foot. Much of this land is crossed by rights of way and other paths.
Combined, the areas total 650 hectares (1600 acres) managed for local wildlife and people.
Open access allows people to roam anywhere across the land, except where there are farmed crops. You should still observe signs and follow the Countryside Code.
Over 220 hectares (545 acres) of this access land is statutory "open country" mapped under the Countryside & Rights of Way (CRoW) Act. This is the highest percentage of the total area of any local authority in South East England.
Maps of the Countryside and the Rights of Way Act access land can be found on the Natural England website.
For practical reasons, some areas of access land in East Sussex can only be reached via Brighton & Hove.
Another large area of Open Access land has been created by the council on the South Downs, north of Patcham. View the draft map of open-access land.
The area is 282 hectares (670 acres), roughly ten times the size of Brighton’s Preston Park. It adjoins existing open-access land that the council created in and around Stanmer Park in 2006.
In addition, 8 kilometres (5 miles) of new footpaths and bridleways have been created through rolling grassland.
The ability to roam off paths means walkers on the Sussex Border Path can divert onto a route which keeps them further away from the busy A23.
The landscape includes the Chattri monument to Indian soldiers who died in the Royal Pavilion hospital from First World War injuries.
Other features are ancient burial mounds on top of Tegdown Hill. These burial mounds show evidence of long-term use of the landscape by humans.
The names Tegdown Hill and Ewe Bottom echo its history of sheep farming, tegs being young sheep. Also clearly visible are lynchets, which are terraces formed by ploughing dating back many centuries.
Works have included:
There are large areas of open access land at:
Our Adopt-a-Path scheme aims to help increase people’s use and enjoyment of our public rights of way network. People who use the same paths regularly are encouraged to join the scheme.
As a minimum, we encourage members to survey the route at least 4 times a year or once every season.
If you have a regular route you enjoy taking and want to help us look after it, register by sending an email to cityparks@brighton-hove.gov.uk.
To support the scheme, you can:
You can also help with cutting back vegetation from signs, stiles, and gates. We appreciate that not everyone will want to carry out this work, but there's an opportunity for those who do.
To help you support the scheme, we will:
For more information, read the Volunteer Path Warden leaflet (PDF 545KB).