Public Rights of Way - Kent Design Guide

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Public Rights of Way (or PROW) are footpaths, bridleways and byways which have public access and are protected by law. In Kent, we have almost 7,000km of Rights of Way, accounting for over 40% of our county’s total highway network.

PROW are an immense resource, providing extensive opportunities for walking, cycling and equestrian activities, with huge benefits to health, communities and the environment. We see them as vital in supporting Kent’s urban, rural and visitor economies, providing alternative sustainable Active Travel options and delivering unparalleled access to Kent’s wonderful and diverse countryside and coast.

Kent’s PROW and Access Service has a statutory duty to ensure the network is recorded, protected and maintained. We aim to work in partnership with developers to manage the pressure exerted by housing and business development, and seize opportunities to make improvements to PROW across the county.

For Developers: If your site contains or abuts any Public Rights of Way please contact the Kent County Council or Medway PROW teams as soon as possible. PROWs should be incorporated into any masterplans at the earliest possible stage to ensure no costly amendments are required in future. The following must be considered:

The current ROWIP should be referenced as it is a statutory policy document for PROW. The Kent Design Guide is also a crucial reference that must be included.
Financial contributions: New development provides opportunities to secure investment in the PROW network, which could enhance opportunities for PROW use and mitigate increased footfall due to new users.
Rail crossings: increased use of PROW from a new development into central amenities that cross a rail line and the impact on crossing safety.
Enhancing connectivity for walking, cycling and equestrian activity, and addressing gaps in the network and PROW accessibility issues.

For more information please contact prow@kent.gov.uk or Medway Council.

Rights of Way Improvement Plan (ROWIP)

The ROWIP aims to provide a high-quality PROW network to support the Kent economy, provide sustainable travel choices, encourage active lifestyles and help make this a great place to live, work and visit. A statutory document, it’s based on Kent’s strategic priorities and shaped by National Policy.

Please engage with us early in the planning and design process to ensure your development protects and enhances the PROW network.

PROW Definition Team

The Definitive Map and Statement (DMS) provides conclusive evidence of the existence, alignment and status of all PROW in Kent. Our Definition Team is responsible for keeping the DMS under continuous review and making it available to the public.

You should contact the Definition Team if you wish to apply for DMS Modification Orders (adding unrecorded ways or altering the status of details for existing routes) and Public Path Orders (including diversions, extinguishments and creations).

The timescale for processing applications depends on the type of application. Procedural investigation requires public consultation, and making and advertising orders; if objections are made, the Planning Inspectorate will become involved.

Public Rights of Way Interactive Map

Changes to PROW

Landowners can apply to divert paths across their land, but the alternative route should not be substantially less convenient to the public. Developers must apply where their proposed development can only take place if a PROW is realigned or extinguished.

You can use Traffic Regulation Orders (TROs) to temporarily close a right of way for public safety reasons, or to prevent damage to the surface, while works are carried out. Temporary closures will not be granted where a permanent order is necessary to enable development, unless the necessary order has been confirmed.

Application fees are applicable for each process and reviewed regularly. For the application form and advice on individual applications, please contact the Definition Team at prow@kent.gov.uk.

Area Public Rights of Way Teams

Kent’s Public Rights of Way don’t look after themselves. Two teams, covering East and West Kent, are responsible for keeping paths open, safe and accessible for users. If you’re a developer, you’ll need to work with them to ensure the network remains legally accessible, or provide suitable alternatives, during and after construction. Please note we will use our statutory powers where public rights are being infringed.

Area teams are also responsible for authorising any furniture, surfacing, drainage and signage you specify on Rights of Way, which must meet our specific design and construction standards (see Further Guidance below).

If you have a Public Right of Way on your land click here for more information about your responsibilities.

Please contact prow@kent.gov.uk for specific advice and fees for material improvements.

Common Land and Village Greens

Kent has over 200 village greens, totalling more than 900 acres. Land qualifies as Village Green where ‘a significant number of the inhabitants of any locality or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years’. Land can also be registered voluntarily by the landowner without requiring this proof.

Where land has been identified for development by a local authority it cannot be registered as Village Green. Registration itself is a lengthy process and if objections are received cases may be referred to a Public Inquiry. As a landowner, you can deposit a statement under Section 15A of the Commons Act 2006 to end any period of recreational use ‘as of right’.

Kent also has over 100 areas of Common Land, which is generally land owned by one person over which another is entitled to exercise Rights of Common. Applications can be made to create new Rights of Common and to modify the Common Land Register.

Village Green and Common Land legislation is complex and we recommend you seek guidance from our Commons Registration team at cvg@kent.gov.uk.

Further Guidance:

The following documents provide the Kent County Council technical requirements for typical PROW furniture and hardware: