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 Deregu...
Growth and Infrastructure Act
2013
• Changes to section 31(6) deposits
– Prescribed form
– Agents
– Publicity
– Fees

• Vi...
Stakeholder Working Group (SWG)
•
•
•
•

Stepping Forward report
32 recommendations
Defra consultation 2012
Implementation...
Draft Deregulation Bill
• Published July 2013
• Joint Committee report due 16 December
2013
• Rights of way clauses: 12 – ...
Rights of Way Clauses (1):
• Cut off won’t stop claims of use
• Proposes authorities should have an
additional year after ...
Rights of Way Clauses (2)
•
•
•
•
•

Power to reject irrelevant objections
Right to apply extended to other landowners
Cos...
Additional Measures
Additional Measures
• Improved quality of user evidence
• Houses/farmyards – presumption of
diversion/impact on landowner
...
Rights of Way reform
What the proposals mean for CLA members:
• After cut-off claims for unrecorded ways not in use
should...
Definitive Map Modification Orders
(DMMOs)
Dealing with Definitive Map
Modification Orders (DMMOs)
•
•
•
•
•

Notification of claim
Access to information
Disputing a...
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/maint...
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
experienc...
Questions?

sarah.slade@cla.org.uk
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Public Rights of Way Reform and Definitive Map Modification Orders - Sarah Slade, CLA

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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.

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Public Rights of Way Reform and Definitive Map Modification Orders - Sarah Slade, CLA

  1. 1. Public Rights of Way Reform and Definitive Map Modification Orders Sarah Slade MRICS CLA National Access Adviser
  2. 2. Rights of Way Reform • Growth and Infrastructure Act 2013 • Stakeholder Working Group (SWG) recommendations • Draft Deregulation Bill • Additional measures
  3. 3. Growth and Infrastructure Act 2013 • Changes to section 31(6) deposits – Prescribed form – Agents – Publicity – Fees • Village greens
  4. 4. Stakeholder Working Group (SWG) • • • • Stepping Forward report 32 recommendations Defra consultation 2012 Implementation of “cut-off” and “right to apply”
  5. 5. Draft Deregulation Bill • Published July 2013 • Joint Committee report due 16 December 2013 • Rights of way clauses: 12 – 18 and Schedule 6 • Other submissions
  6. 6. 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
  7. 7. 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
  8. 8. Additional Measures
  9. 9. 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
  10. 10. 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
  11. 11. Definitive Map Modification Orders (DMMOs)
  12. 12. 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
  13. 13. Dealing with DMMOs • Notification of claim
  14. 14. Dealing with DMMOs • Access to information – without redaction
  15. 15. Dealing with DMMOs • Disputing a claim – evidence based approach
  16. 16. Dealing with DMMOs • Irrelevant factors can include: – Impact on home, business, environment etc – Cost of providing/maintaining path – Lack of use in living memory
  17. 17. Dealing with DMMOs • Professional advice/support
  18. 18. 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.”
  19. 19. Questions? sarah.slade@cla.org.uk

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