Footpaths, Bridleways and Other Rights of Way

9.45 The Council has a statutory duty to ensure that footpaths, bridleways and other public rights of way remain open for public usage as part of the highway network of the District. There is a total length of about 1,800kms (1,125 miles) of public footpaths, bridleways and other rights of way within the District and increased leisure time is being used to undertake recreational activities on these highways. There is an important tourism and recreational potential associated with the District's footpath network. The paths also provide corridors for wildlife and habitats for flora and fauna. There are also packhorse trails and other ancient highways and walled lanes throughout Calderdale, which have significant historic importance as well as being recreational resources. Where an existing public right of way has historic features such as stone setts or walls those should be safeguarded in the development process.

9.46 It is important that the footpath network is protected, enhanced and extended, and that the needs of different user groups including the elderly and those with disabilities are recognised in ensuring accessibility to the rights of way network. It is also important that development control decisions do not result in the loss of useful footpaths and bridleways, and that development proposals contain provision for new or enhanced facilities.

9.47 In some instances, ecological and landscape features may have naturally occurred as a result of the under-use of the land in the past. Where this might be a possibility, developers will be encouraged to discuss the ecological value of sites with West Yorkshire Ecology or the Council’s Countryside and Forestry Section prior to formalising proposals to assess ways in which to retain them.

9.48 Recreational walking is an activity enjoyed by many throughout Calderdale. The network of longer distance footpaths (Pennine Way, Calderdale Way etc) together with the extensive network of public footpaths open up large areas of the District to walkers and hikers. Whilst the network is extensive there are opportunities to improve connectivity through the introduction of new footpaths or other rights of way. The Council will investigate these and their provision sought where, following consultation, there is support. As such the following Policies will apply:-

Policy T 10

Safeguarding Public Rights of Way

Footpaths, bridleways, other public rights of way and canal towpaths will be safeguarded to ensure their retention, preservation of character and usability as part of the public right of way network and to allow their promotion and development as part of the utility/leisure/recreational resources or as part of the tourist attractions of the District.

Policy T 11

Protection of the Sites of Former Railway Lines

Development on the sites of former railway lines shown on the Proposals Map will not be permitted if it would:-
  1. prejudice the creation of appropriate rights of way;
  2. prejudice the ability to keep the integrity of a linear route; and
  3. harm the functioning of the land as a wildlife corridor or linear open space.

9.49 To assist in meeting the requirements of Policy T 12 ‘Applications Affecting Public Rights of Way’, which follows, guidelines are set out here for development affecting Public Rights of Way (PRoW):-

  1. Due account should be taken at the design stage of PRoW affected by the development so that the layout of the development can allow, wherever possible for the preservation of the PRoW on its existing line.
  2. Where diversion of a PRoW is unavoidable, an alternative route should ideally be provided which is wholly or predominantly separate from proposed footways of estate roads so that the identity of the PRoW is preserved.
  3. Existing or diverted public footpaths or bridleways should have a minimum width of 1.8 or 3 metres respectively following the development.
  4. Consultation with West Yorkshire Ecology or the Council’s Countryside/Forestry Units, where appropriate.

The following policy relates to planning applications which affect Public Righst of Way

Policy T 12

Applications Affecting Public Rights of Way

All applications for planning permission will need to ensure that:-
  1. development proposals do not have any adverse effect on the amenity of, or result in a loss of footpaths, bridleways, cycleways, byways and other public rights of way;
  2. satisfactory alternative provision is made nearby when development affects such a route;
  3. where appropriate, new development makes adequate provision for new or enhanced public rights of way; and
  4. pedestrian links to public transport routes and services are provided that are safe, direct, well lit, overlooked and attractive.

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