County Surveyors' Society

Issues: transport

Discovering lost ways

Discovering Lost Ways (DLW) is a national project aiming to increase and improve the rights of way network available for people to access and enjoy the environment. After 2026, it will not be possible to amend the rights included within the definitive map and statement of public rights of way, by referring to documents such as inclosure awards in order to establish rights. The Government has charged Natural England with the task of ensuring that such routes are identified by research and formal claims submitted to the surveying authority for inclusion in the definitive map, if the evidence is accepted.Natural England is currently undertaking a review of the project and the CSS Countryside Working Group (CWG) is disappointed that, despite calls for Natural England to share its views on how the project might proceed, it has felt unable to do so before making its recommendations to the Executive, prior to submitting advice to DEFRA. CSS has, therefore, received no opportunity to input into the review process.

Alan Feist

“The certainty that this legislation will bring is to be welcomed and is beneficial for users and landowners alike. But there are many issues to deal with before the target in 2026 is reached and CSS members are keen to play an active role in helping to resolve them. We have been concerned about the lack of engagement in the early part of the pilot, and are now anxious to ensure an open dialogue. Without that, members of the public could find themselves waiting years for an issue to be resolved, something that is not in the interests of any party.”

Alan Feist
Chair
CSS Countryside Working Group

Where does CSS stand?

CSS welcomes the move towards clarity in the recording of public rights of way that is behind the DLW programme and supports moves to make the definitive map and statement as complete as possible before the 2026 deadline.
CSS is concerned that at present local authorities do not have enough information to allow them to begin to plan for the processing of the many Definitive Map Modification Order (DMMO) applications that are expected to arise from the DLW programme.
In a similar vein, it is at present too early to understand the full impact of these applications on local authority funding for public rights of way. With Authorities unable to charge for the cost of making DMMO’s and the ever increasing costs of public inquiries, these costs are likely to be significant, especially in areas where there are numerous contentious claims.
Despite its lack of involvement in the review of the DLW programme, CSS will, through the CWG, continue to encourage Natural England and the Archive Research Unit to take all opportunities to involve local authorities in the planning and implementation of the programme.

CSS would like to see:

Regular reports to Countryside Working Group (CWG) meetings
CWG involvement in the programme’s advisory group
Encouraging close co-operation between the DLW programme and individual authorities in the run up to and throughout the period of research in their area
Reporting to the Transport and Environment Committee on the effect of the programme and encouraging appropriate funding bids to be made at a national level.