Thursday 8 March 2012

A proposal to shake up the English Rights of Way system



In February of this year, the Country Land and Business Association (CLA) proposed a 'radical shake-up' of the access and public rights of way system.  In their report 'The Right Way Forward', they recommend a rationalisation and ‘common sense’ approach to remove the bureaucracy and anomalies in the current regulations and administration of the system. 
Their proposals have infuriated organisations like The Ramblers and The Open Spaces Society who see this as the breaking of an agreement made two years ago within a working group set up to look at the future of rights of way.
Amongst the proposals are a reduction in the protection for existing Rights-of-Way making it easier for a path to be re-routed or closed.   They are also calling for the greater use of the 'Permissive' status (which is a transitory arrangement) for paths rather than the more formal definition of a footpath as a legally enforceable public highway.  Furthermore, they would like to bring forward the full implementation of the provision in the 2000 CROW Act, for claiming any historic pathway not previously recorded, which currently has a 2026 cut-off point. 
Another recommendation is that the responsibility for an individual's safety would become that of the individual who, if found not to be complying with the Countryside Code, would not be able to seek legal redress.
The proposals in the CLA's report are also particularly worrying when taken in the context of other Government initiatives such as those aimed at reducing environmental legislation, the Macdonald review of farming legislation and ongoing changes in planning regulations.
Best
Anne

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