Richard Cuthbert , BSc (Hons), MIPROW
Richard was Head of Access & Rights of Way at Hertfordshire County Council for over sixteen years, a position he progressed to after several years as a Countryside Access Officer and then Countryside Access Team Leader in Hertfordshire. Prior to this he worked in diverse Authorities from metropolitan South Tyneside to rural Lincolnshire. He learnt the practical side of the trade with BTCV (the British Trust for Conservation Volunteers) and the legislative side from gaining a BSc (Hons) in Environmental Studies from the University of Sunderland, specialising in Countryside and Rights of Way Management. He is now leading the Definitive Map & Enforcement Team at Hertfordshire County Council and is rights of way and access advisor to the Herts Local Access Forum.
He is a Chair of the Eastern Region ADEPT Rights of Way Managers Working Group (RoWMWG) and represents that region at the National ADEPT RoW meetings. He represented ADEPT on the RoW Good Practice Guide Steering Group, working to create and update that guidance. Richard has also represented the Local Government Association (LGA) providing advice and comment on issues such as the Commons Act 2006.
Richard is a past President and current Director of IPRoW (the national Institute of Public Rights of Way & Access Management Ltd) and sits on the board of Directors. He has authored articles for the IPROW professional magazine 'Waymark', on “Structures on PRoW - A post DDA view” and "Using External Agents to Process Public Path Orders.” He also sits on the cross-industry national Level Crossing Strategy Group, working to make all level crossings safer, and from that was a member of the Network Rail Working Group which developed the Memorandum of Understanding (MoU) between local authorities & NR, for rights of way level crossings issues.
His leisure interests are 'busman's holidays' of hill & long-distance walking, although these have been curtailed lately, as he has two children aged 17 and 13 who keep him more than busy.
Practice Area
Panel
- Contributing Author
7 Contributions by Richard Cuthbert
PRACTICE NOTES
TCPA 1990 s 249 orders extinguishing vehicular rights on highways: procedure, objections, exceptions, ancillary powers, compensation, revocation and Traffic Regulation Orders interaction
This Practice Note sets out the process for securing an order to extinguish vehicular rights over a highway and what the order should encompass. Section 249 of the Town and Country Planning Act 1990 (TCPA 1990) allows an order extinguishing vehicular rights on a highway to be made when specified conditions are met. The provision is principally employed for pedestrian schemes or to create a cul-de-sac from a side road that would otherwise run onto a busy main route. It can also be used to remove vehicular rights on a byway open to all traffic. See Practice Note: Public rights of way. Commencing closure of a highway is only possible where a planning authority resolves that the measure is required to enhance the amenity of its local area.
Procedure for making orders
The procedure for making orders under TCPA 1990, s 249 is provided by TCPA 1990, s 252. Before making an order, the Secretary of State or a London Borough Council must take the following steps:
publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice stating the general effect of the order, including as set out in the notice...
Local Government
PRACTICE NOTES
TROs and TTROs for highways and public rights of way: procedure, timescales, publicity, DfT extensions, alternative routes, notices, emergency and event closures, consultation
This How to Guide outlines how to obtain a Traffic Regulation Order (TRO), including Temporary Traffic Regulation Orders (TTROs), extensions, diversion routes, closures by notice, emergency safety closures, event closures, and who must be consulted...
Temporary Traffic Regulation Orders
Local authorities (LAs) will generally try to avoid making a TTRO where a safe alternative is available, with user safety front of mind and recognising that different path statuses serve different user groups. Although a temporary closure is often the most suitable approach, keeping half the path open or deploying a banksman may sometimes be required...
LAs are very unlikely to shorten lead‑in times for closure applications. These timescales allow applications to be processed and adverts to be placed in the local press and online, as LAs have a legal obligation to provide sufficient public notice...
Applicants should:
Scrutinise diversion routes and liaise with the local officer to secure the best result for both the business and path users; no one wants to walk two miles only to meet a closure and then retrace two miles...
Where feasible and appropriate, close routes between other links (unless there is an alternative route around the...
Local Government
PRECEDENTS
Precedent Local Authority Traffic Regulation Order (Great Britain): Prohibition of Waiting, Driving, Loading or Double Parking with Disabled Person's Badge Concession (Road Traffic Regulation Act 1984)
The [ insert name of Traffic Authority ] ([ insert name of road and its location ]) (Prohibition of [ Waiting OR Driving OR Loading OR Double Parking ]) Order [ insert year ]
By virtue of the powers granted by section 2, sub-sections [ insert as appropriate ] of the Road Traffic Regulation Act 1984 (hereinafter referred to as ‘the 1984 Act’), together with all other enabling powers, and after consultation with the Chief Officer of Police, the [ insert name of Traffic Authority ] hereby makes the following Order:
This Order, titled [ insert the Order’s full title as set out above ], shall come into force on [ insert commencement date ].
For the purposes of this Order, ‘Parking Disc’ means a blue-coloured parking card issued to a disabled person, which entitles that person to special local parking arrangements, and is capable of indicating the quarter-hour interval at which a period of waiting starts...
Local Government
PRECEDENTS
Precedent notice: Public Path Order (diversion/extinguishment) under TCPA 1990 s257 and Schedule 14 for stopping up or diverting public rights of way to enable development (England and Wales)
This Precedent is for the Notice
This Notice applies where an Order has been made to permanently extinguish or re-route public rights of way, namely footpaths, bridleways or restricted byways, in order to enable development to proceed for the purposes of permitting development to take place. The Notice is prepared pursuant to section 257 of the Town and Country Planning Act 1990 and paragraph 1 of Schedule 14...
Local Government
PRECEDENTS
Template Notice of Proposal to Make a Temporary Traffic Regulation Order (TTRO) Prohibiting Through Traffic (s14(1), Road Traffic Regulation Act 1984 – England, Wales and Scotland)
[ Name of Traffic Authority ] PUBLIC [ ROAD OR PUBLIC RIGHT OF WAY ] , [ LOCATION ie TOWN, VILLAGE ] (TEMPORARY BAN ON THROUGH TRAFFIC) ORDER [ YEAR ] SECTION 14(1) ROAD TRAFFIC REGULATION ACT 1984...
Local Government
PRECEDENTS
Temporary Prohibition of Through Traffic Order—Notice template (s14(1) Road Traffic Regulation Act 1984; roads and public rights of way)
[ Name of Traffic Authority ] Public [ Highway or Public Right of Way ], [ Location i.e. Town, Village, Parish ] (Temporary Restriction on Through Traffic) Order [ Year ] Section 14(1) Road Traffic Regulation Act 1984...
Local Government
PRECEDENTS
Temporary Traffic Regulation Order Template for Roads and Public Rights of Way (s14 Road Traffic Regulation Act 1984, England, Wales and Scotland)
ORDER ROAD TRAFFIC REGULATION ACT 1984 [ add name of borough or county council ] [ add public(s) right of way / road number(s), location, community ] (TEMPORARY PROHIBITION OF THROUGH TRAFFIC) ORDER [ add year ]
WHEREAS the [ add name of council ] Borough/County Council (hereafter called ‘the Council’), acting as the traffic authority for that part of the [ add Public Right of Way and/or Road...
Local Government
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