Kent County Council Launches Public Rights of Way Prioritisation Consultation

Kent County Council is inviting residents to share their views on how it should prioritise applications to record unrecorded Public Rights of Way. The council has seen a substantial rise in Section 53 applications over the past five years, leading to a significant backlog in processing.

Under current arrangements, applications are processed in submission order. However, KCC is proposing a change to its Statement of Priorities to give equal weight to two types of applications. User-based applications—those proving a path has been used for at least 20 years—would be processed alongside historic applications based on documentary evidence. For every historic application allocated, one user-based application would also be allocated, both continuing to be processed in the order received unless acceleration criteria apply.

The proposed change aims to address the growing backlog caused by an increase in historic applications, particularly those relying on documentary evidence. By balancing the allocation of both application types, KCC hopes to maintain progress on user-based claims whilst continuing to process historic evidence applications.

The consultation is open now and closes at midnight on Monday 23 March 2026. Residents can share their views by completing an online questionnaire on KCC’s Let’s Talk Kent website. For those unable to use the online form, a Word version is available for download, which can be completed and returned by email or post. Paper copies are available on request.

Anyone requiring support to participate or with questions about the proposal should contact KCC using the contact details provided on the consultation webpage.

Following the consultation closure, KCC will analyse all responses and produce a consultation report summarising the feedback received. This report is expected to be presented to the Growth, Economic Development and Communities Cabinet Committee in May 2026. The Cabinet Member for Community and Regulatory Services will then make a decision on whether to implement the proposed change.

The consultation report and details of the final decision will be published on KCC’s website.

Key Takeaways

• Kent County Council is consulting on new proposals to balance how it processes Public Rights of Way applications
• User-based applications (proving 20+ years of use) would be prioritised equally alongside historic applications
• The consultation closes on 23 March 2026, with a decision expected in May 2026
• Residents can respond online, by email, or by post

What This Means for Kent Residents

If you believe there are unrecorded paths in your area that should be registered as Public Rights of Way, this consultation may affect how quickly your application is processed. The proposed changes aim to ensure both types of evidence-based claims receive fair consideration. With a 2026 deadline for recording historic rights now extended, now is an important time to register any forgotten or unrecorded paths before opportunities are lost.