Kent County Council Seeks Final Views on Public Footpath Application Changes

Subtitle

The council is asking for final views on changing how it handles applications to add or modify public rights of way. Currently facing a significant backlog after a sizeable rise in applications over the past five years, KCC wants to prioritise user-based claims alongside historic ones.

What’s Being Proposed

The changes would mean processing one user-based application for every historic-based one, rather than the current system. User-based applications rely on proving the public has used a route for at least 20 years. Historic-based applications depend on old documents like maps or estate records.

Both types would still be handled in the order they’re received, unless they meet special acceleration criteria. The proposal forms part of KCC’s Statement of Priorities in the Countryside Access Improvement Plan.

Mike Whiting, Cabinet Member for Community and Regulatory Services, explained the reasoning behind the consultation. Officials believe this approach could help protect important local routes that people actually use, preventing them from being lost while the backlog persists.

The Legal Framework

Kent County Council has a legal duty under the Wildlife and Countryside Act 1981 to keep the county’s Definitive Map and Statement under continuous review. This document serves as the official record of all public rights of way across Kent.

Anyone can apply to add, upgrade, downgrade or delete a right of way. The council must investigate every application, but the recent surge in historic-based claims has created delays.

Time Running Out

The consultation opened on 10 February 2026 and closes at midnight on 23 March 2026. Residents can respond through an online questionnaire, downloadable Word document, email, or post. Paper copies are available on request.

After the consultation ends, a report will go to the Growth, Economic Development and Communities Cabinet Committee in May 2026. The Cabinet Member for Community and Regulatory Services will then consider the findings.

Key Takeaways

• KCC proposes processing one user-based footpath application for every historic-based one to tackle rising backlogs
• User-based claims require proof of 20 years’ public use, while historic claims rely on documentary evidence
• Consultation closes at midnight on 23 March 2026, with final decisions expected in May 2026

What This Means for Kent Residents

If you’ve been thinking about applying to protect a footpath, bridleway or byway that your family has used for years, this change could speed up the process. The new system would chiefly benefit applications based on long-term public use rather than historical documents. Residents wanting to influence this decision need to act quickly – visit the KCC website or email [email protected] before the midnight deadline on 23 March, or call 03000 41 71 71 for support with your response.