Natural England working group calls for simplification of procedures for recording pre-1949 rights of way

The procedures for recording pre-1949 rights of way must be made simpler, quicker, more flexible and more cost-effective, Natural England’s working group on rights of way has recommended.

In its report Rights of Way – A Big Step Forward, which contains 32 recommendations, the group suggested ways of achieving this aim and of making the procedures less adversarial and more constructive.

The group said: “Old rights of way have long been one of the most difficult areas of access legislation. At present, many old rights of way such as footpaths and bridleways are not recorded on the official ‘definitive map’ held by county councils. The result is a lack of clarity for the public about which routes they can use, plus periodic concerns for landowners when claims to record such routes suddenly arise.”

The report recommended giving authorities new scope to agree practical solutions with occupiers where old routes conflict with modern land use.

Another key recommendation is the retention of the 2026 “cut-off” date contained in current legislation whereby pre-1949 routes that have not been recorded by 2026 will be extinguished.

The group, which made a number of recommendations to ensure that the process of recording or otherwise protecting useful routes can be achieved by 2026, said this would deliver greater certainty about what rights exist.

The group was set up by Natural England with government approval in 2008 and its membership is balanced between the main interest groups in public rights of way.

Hailing the “pragmatism, fairness and commonsense” of the report, Poul Christensen, chair of Natural England, said: “Rights of way are a vital means by which people can enjoy our beautiful countryside and engage with nature, farming and their local heritage.

“Through this remarkable consensus, the group has shown how these benefits can be secured for future generations while removing much of the uncertainty, bureaucracy and cost currently involved in the recording process – and promoting practical solutions to potential conflicts.”