Amending rights of way

There are a number of ways in which changes can be made to public rights of way.

Highways Act 1980, Section 31(6) and

Commons Act 2006, Section 15A(1) depositions

Under Section 31(6) of the Highways Act 1980, landowners may deposit us with a map and statement which outlines public rights of way on their land. Submitted every 20 years, this offers protection from having new highways established through general public use.

On 1 October 2013, landowner statements were introduced through Section 15A(1) of the Commons Act 2006.

This process allows landowners to deposit a statement (known as a landowner statement) with the Local Authority in order prevent their land being registered as a town or village green, provided they are deposited before there has been 20 years recreational use of the land as of right.

Details of active Notices:

• Arable land and woodlands to the West of the A34 and South of the Dog Kennel Lane, Cheswick Green, Shirley, Solihull, B90 4JQ
  Notice, Plan
• Land lying to the East of Landfield Road, Knowle, Solihull, B93 9PN
  Notice, Plan

Gating requests on rights of way

We are able to restrict access to public rights of way to prevent anti social behaviour and crime. Anyone can raise a gating request. A decision will be made according to our alley gating procedure and on the understanding that:

• levels of anti social behaviour and crime are high and impacting the community
• an alternative route is available when gates are closed
• there is local support for the action
• the action is an appropriate solution
• the right of way is not privately owned

We presently have one gating request, for which you can view the:

• order
• plan

Changes to adopted public highway/rights of way

Changes to existing public rights of way/pedestrian highway typically fall into one of the following three general categories.

1. Diversion Order - the alteration of the line of an existing route onto a new alignment not currently in use by the public.

• further information and application pack
• Public Footpath SL20A - Arden Academy Trust
• Public Footpath M141 - Balsall Street, Balsall Common

2. Stopping-Up Order - the removal of a public right of way/highway status from a piece of land.

• further information and application pack

Current Stopping Up Orders:

• Conway Road (May 2015)

• Old Bickenhill Lane (October 2015)

Proposed Stopping Up Orders:

• Highway at junction of Birmingham Road and Auckland Drive (October 2015)

3. Creation Order - the formal creation/registration of a public right of way across private land by a landowner.

• for further information please contact us at connectcc@solihull.gov.uk

Set out below is a list of currently active Orders affecting the public rights of way/pedestrian highway in the borough:

• Temporary diversion of public highway - M217/M229, Cornetts End Lane, Berkswell
• Stopping up of public highway - Chester Arms, Chester Road, Castle Bromwich
• Stopping up of public highway - Chelmsley Road, Kingshurst and Fordbridge
• Diversion of public footpath - SL20A, Arden Academy, Station Road, Knowle

Temporary closures

It is sometimes necessary to close public rights of way for a short period of time to allow works to be carried out for to protect public safety.

• U26/U27 Public Footpath - Temporary closure at Shirley park to allow works associated with the Heart of Shirley Development to take place
• M142 Public Footpath - Temporary closure of path at Blythe Paddocks to allow repairs to be made to a damaged bridge (Amendment 2)

Definitive map modification order register

The Definitive Map is the legal record of public rights of way.

Sometimes it is necessary to alter or update the map. In order to do so a legal order must be made. A definitive map modification order is made to:

• add a public right of way not currently shown to the definitive map and statement
• modify an existing public right of way shown on the definitive map and statement