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.

1. Public Rights of Way
Reform and Definitive
Map Modification
Orders
Sarah Slade MRICS
CLA National Access Adviser

2. Rights of Way Reform
• Growth and Infrastructure Act 2013
• Stakeholder Working Group (SWG)
recommendations
• Draft Deregulation Bill
• Additional measures

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

4. Stakeholder Working Group (SWG)
•
•
•
•
Stepping Forward report
32 recommendations
Defra consultation 2012
Implementation of “cut-off” and “right to
apply”

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. 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. 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. Additional Measures

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. 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. Definitive Map Modification Orders
(DMMOs)

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. Dealing with DMMOs
• Notification of claim

14. Dealing with DMMOs
• Access to information – without redaction

15. Dealing with DMMOs
• Disputing a claim – evidence based approach

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. Dealing with DMMOs
• Professional advice/support

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. Questions?
sarah.slade@cla.org.uk