Clarification on Public Rights of Way and Access Routes at The Ghyll

In light of recent public discussion regarding the works carried out to the permitter path (um) at The Ghyll, Southwater Parish Council wishes to provide clarification on the status of public rights of way (PROW) and other informal access routes on this site.

Established Public Rights of Way

There are a number of officially designated public rights of way recorded on the West Sussex County Council Definitive Map that run adjacent to The Ghyll. These routes are protected in law and shown clearly on the public mapping system maintained by WSCC.

The Parish Council fully supports the public's ongoing use of these recorded rights of way. Reference PROW 1678 (path highlighted in violet/purple).

 [Credit: iMAP West Sussex County Council website]

Informal or Unauthorised Routes

It is important to distinguish between these legally recorded footpaths and other informal routes that have developed over time. Some of these routes appear to have been created through unauthorised access including instances where boundary fencing was deliberately removed and/or damaged.

These informal paths are not designated public rights of way and should not be interpreted as evidence of landowner intention to dedicate access. Any access outside the recorded PROW network remains entirely permissive, revocable, and at the discretion of the landowner (Southwater Parish Council) and licensee (Southwater Ghyll CIO).

Clarification Following Recent Communications

A recent social media post shared by Councillor Nikki Knott sought to reassure residents that “established routes” at The Ghyll remain available for public use. For clarity, this reference was intended to apply specifically to designated and legally recorded public rights of way. It was not intended to imply that any informal paths (path um) at the site are formally recognised or protected.

Similarly, recent correspondence from the Council regarding vegetation works and fencing maintenance has been misinterpreted in some cases. The Council’s communications have referred only to maintenance of existing mapped routes, and not to any intention to endorse or support informal, unrecorded paths.

Recent Works and Vegetation Clearance

Additional concerns had been raised as to why the work had been carried out to improve access to the unmade (um) path depicted on the Title Plan for the land and also featured on the WSCC online map of paths. Vegetation clearance recently undertaken at The Ghyll was carried out in accordance with the Council’s duty of care under the Occupiers’ Liability Acts 1957 and 1984. The works focused on restoring access to an existing mapped perimeter route (path um) and managing overgrowth which had compromised site visibility, fencing, and public safety. No new footpaths were created.

Why This Clarification Has Been Issued

The Council is aware of recent statements and assumptions suggesting that all paths currently used at The Ghyll are legally designated rights of way. This is not the case. Only those recorded on the Definitive Map carry that legal status.

This statement is provided to ensure the public has accurate information and to reaffirm the Council’s ongoing support for lawful access and responsible land management.

Further Information

To view the official West Sussex County Council map of public rights of way, please visit: iMap - West Sussex County Council 

For any further enquiries or to report damage to Council-owned land, please contact the Parish Office at enquiry@southwater-pc.gov.uk .