public rights of way reform and definitive map modification orders - sarah slade, cla
DESCRIPTION
Presentation on Public Rights of Way Reform and Definitive Map Modification Orders, given by CLA National Access Adviser Sarah Slade MRICS to Nottinghamshire members on Tuesday 26 November. Throughout Nottinghamshire, farmers are receiving notice of Definitive Map Modification Orders which are being lodged with Nottinghamshire County Council. The event on 26 November updated members on the law, listen to concerns and seek to resolve issues. Sarah briefed members on rights and responsibilities of landowners who have public rights of way crossing their land.TRANSCRIPT
Public Rights of Way
Reform and Definitive
Map Modification
Orders
Sarah Slade MRICS
CLA National Access Adviser
Rights of Way Reform
• Growth and Infrastructure Act 2013
• Stakeholder Working Group (SWG) recommendations
• Draft Deregulation Bill
• Additional measures
Growth and Infrastructure Act 2013
• Changes to section 31(6) deposits
– Prescribed form
– Agents
– Publicity
– Fees
• Village greens
Stakeholder Working Group (SWG)
• Stepping Forward report
• 32 recommendations
• Defra consultation 2012
• Implementation of “cut-off” and “right to apply”
Draft Deregulation Bill
• Published July 2013
• Joint Committee report due 16 December 2013
• Rights of way clauses: 12 – 18 and Schedule 6
• Other submissions
Rights of Way Clauses (1):
• Cut off won’t stop claims of use
• Proposes authorities should have an additional year after cut-off for historic claims
• Permits “administrative” changes to DM after cut-off
• Introduces new test (BET)
• “Reasonably alleged”
• Amended appeal procedure
Rights of Way Clauses (2)
• Power to reject irrelevant objections
• Right to apply extended to other landowners
• Cost recovery proposals
• Power to authorise gates extended
• Proposes new modification by consent process
• Enables digital advertising of orders
Additional Measures
Additional Measures
• Improved quality of user evidence
• Houses/farmyards – presumption of diversion/impact on landowner
• Extension gating powers to other land
• Time limit for user claims
• Double jeopardy
AIM: Balance and Fairness
Rights of Way reform
What the proposals mean for CLA members:
• After cut-off claims for unrecorded ways not in use should cease
• Fairer, quicker and more streamlined system which allows negotiation, mitigation and consideration of current land use
• Achieving additional reforms would address imbalances in existing rights of way and claims based on use
Definitive Map Modification Orders (DMMOs)
Dealing with Definitive Map Modification Orders (DMMOs)
• Notification of claim
• Access to information
• Disputing a claim
• Evidence based approach
• Impact on home, business, environment etc irrelevant
• Professional advice/support
Dealing with DMMOs
• Notification of claim
Dealing with DMMOs
• Access to information – without redaction
Dealing with DMMOs
• Disputing a claim – evidence based approach
Dealing with DMMOs
• Irrelevant factors can include:
– Impact on home, business, environment etc
– Cost of providing/maintaining path
– Lack of use in living memory
Dealing with DMMOs
• Professional advice/support
Impact of DMMO – the need for change
“For a period of 5 years the quality of my life and future was uncertain. I experienced a confrontational system exploited by a claimant intent on pursuing the objective of getting as many footpaths established as possible, irrespective of the cost to the landowner or the council, or its recreational value, numbers of potential users or the consequences.
“The claimant displayed a total disregard for the burdens he imposed on me –namely anxiety, stress, legal costs, security implications, loss of value and saleability of my property.”
