Right to apply

New statutory rights of application and appeal were introduced under the Countryside and Rights of Way Act 2000, to owners, lessees and occupiers of land used for the purposes of agriculture, forestry, the breeding and keeping of horses and school proprietors, to divert and extinguish public rights of way. DEFRA carried out a consultation in May 2007 to seek views on the approach to implementing the new rights through the making of regulations and whether the legislation should be commenced in its present form, repealed or amended.

Where does CSS stand?

CSS response to the consultation document “Implementation of the Right to Apply to Orders to Extinguish and Divert Public Rights of Way, And Associated Rights of Appeal”, DEFRA Consultation May 2007:

In summary, CSS believes the legislation, as written in its current format, is unnecessary, undesirable and probably unworkable. It removes powers and decision making from local authorities, to a central body. It is recognised that legislation is needed to ensure that applications are given full consideration within a reasonable timescale. A timescale of 6-12 months to allow for local consultations, committee cycles and a balance with other workloads is considered appropriate.

It is believed that a right for an application to be considered could be achieved more simply and effectively by amending Sections 118 and 119 of the Highways Act 1980, to include a right of appeal against refusal and a right to request the Secretary of State to direct a Local Authority to consider an application within a given timescale. This would bring the procedures for extinguishment and diversion in line with applications for definitive map modification orders.

CSS appreciates the opportunity to comment on this consultation and as an advisory body to the profession and government, it would welcome the opportunity to contribute to any future discussions on this subject.