Public Right of Way vs Access Rights?

[LLNo5]

We bought our house 5 years ago, a new build as part of phase 1. Our property is located on a communal private driveway, of which the four properties that use it have rights of way and a shared responsibility for maintenance and repairs. The location of our private drive is at the edge of the estate, and on the other side of our private drive is a country park, of which there is public access the next street over, in addition to other public entry points. Since we purchased there has been a dramatic increase in the amount of people using our private driveway as a public access. As residents, we're fed up with the noise and mess. We're restricted by our purchase agreements from being able to put up a fence for 5 years from the date of purchase (this Sept). Things have gotten really bad lately, so much so that we put in planter boxes to make the route inconvenient and lower the footfall. We've proven that there is no public right of way through our driveway, which the council have also confirmed, but we're now being challenged that while there is no public right of way, there may be legal right of access. The council have written to Panning hoping for a ruling, but they have declined and forwarded the request to highways. The councillor I have been in communication with told me that unless a definitive statement is forthcoming a legal ruling may be required. Has anyone heard of this before? How can there be public access when it's been proven there is no public right of way? What is the point of having no public right of way through your private property if this is overruled by public access? I've tried to research, but anything I try to google just brings me to advice around public right of way.....

Any insight or experience with something similar is appreciated.

[seduraed]

You need to look at "Countryside and Rights of Way Act 2000" as amended. However, while there might not be an ancient footpath there be a derived right of way deriving from continuous use or permissive path. This could be a problem. If there is a permissive path or path derived from use there will need to be specific actions. IIRC, to close a "permissive path" notices need to be posted at all the entrances which give notice of the removal of the permission. If there is derived right of way then an extinguishment order is needed. These can be issued by the local authority (Couny Council) but there will be a cost and due notice needs to be given.

[LLNo5]

So I went to the gov.uk website and read as much as I could about Countryside and Rights of Way. Clearly outlined is 'excepted land' which is listed as houses and buildings and the land they are on, and states that if the public want to cross they need a public right of way, which we have proven, and the council has confirmed, that there is none. I sent this over the to town councillor that I've been in contact with re: this issue, and his reply back is that this act doesn't apply in this case...in which point, I continue to be at a complete loss at what the council are trying to dig into in terms of right of access?

The developer sold us the property on the premise that we are a private driveway. The country park'is a new 'park' as it was an open space that the developer was required to include as part of the planning permission. Council and a local resident seem to think that while the developer made our driveway a communal private drive, with no existing right of way, they may have been able to retain some sort of access rights for the public to use it as an access for the country park. Is this a thing and what does this fall under? I really struggle to understand how the council can agree there is no public right of way, but seem to think the public should still have access rights? I'm trying to understand our rights and am at a complete loss...

[des8]

Don't understand council's argument
A right of way allows for progress across the servient land from point of entry to point of exit, which are different points
Right of access allows for progress on the servient land but the point of entry and the point of exit are the same