Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

Debate between Lord Benyon and Lord Hodgson of Astley Abbotts

Monday 27th November 2023 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

I sense that my noble friend has reached his peroration. Could we just go back to Oflog? I absolutely accept his good intentions and what he has told us, but we know that we will leave this Chamber, that things will move on and that this Office for Local Government will give those of us who are interested in this topic a chance to chase the laggards, because there will be information, if Oflog has this as part of its remit. Could my noble friend look at this and come back to those of us who have contributed to the debate with conclusions as to what he has found out?

[Lord Benyon (Con)]

I thank my noble friend. I noted his point about Oflog. I will write to him with a detailed reply and convey his sensible suggestion to my colleagues at Defra. I hope they will be able to take that forward because it is a good suggestion.

I am conscious of the time, but I know there is concern about resourcing. I have talked about local authorities but, on funding for voluntary bodies, we recognise and value the important work carried out by the voluntary sector over many years to identify and apply for historic rights of way to be legally recorded. We want to continue the good working, particularly at a local level, between organisations such as the Ramblers and the land managers and the local authority through local access fora to get these issues resolved in a timely way.

A concern was raised about exceptions. Regulations to except certain historic rights of way from extinguishment will be laid as soon as possible. Officials are currently working with stakeholders to complete these regulations as part of our wider package of rights of way reforms.

There was some interest in what exactly is going to be excepted. We have committed to introduce regulations that will except unrecorded historic rights of way from extinguishment in a number of different ways. This will include all rights of way subject to applications that have not been concluded before 1 January 2031, rights of way in urban areas, and those that appear on the list of streets or National Street Gazetteer that are shown as maintainable at the public expense. Where the recorded width of a historic right of way is less than the actual true width, regulations will ensure that the width necessary for the continued safe and convenient passage of users will be saved from extinguishment—a key concern of many campaign groups.

Levelling-up and Regeneration Bill

Debate between Lord Benyon and Lord Hodgson of Astley Abbotts

Committee stage
Thursday 18th May 2023 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

I am grateful to my noble friend for the news of a five-year extension. Could his department try to explain to local authorities the importance of giving some priority to registrations? As the noble Baroness, Lady Scott of Needham Market, said, they inevitably tend to get pushed down the hierarchy. We need to find as many ways as possible to bring them up to get this finished. However, I understand that there is a balance to be struck, and the Minister is fair to point that out.

[Lord Benyon (Con)]

I thank my noble friend. He and the noble Baroness made very important points, but this is a question of resourcing and of prioritisation in local authorities. Of course, some local authorities are inundated and others are less so. It is about supporting them to register these rights of way. I will work with him and all interested noble Lords to make sure that we assess how this is going against the new timescale.

Amendment 475 would have the effect of permitting the right to wild camp on open access land. The Government understand concerns about the ability to wild camp in Dartmoor National Park, as raised by the noble Baroness. As a result of the local court judgment, this has come into much clearer view for the wider public. Private Members’ Bills in the other place also seek to make similar legislative amendments to those proposed here.

For the record, it is worth saying that Dartmoor has never banned wild camping: there was just never a right to it. It is a question of which end of the telescope you look at this issue from. There was what I thought was a very fair report on “Countryfile” a few weeks ago, which gave the perspective of both those who want that access as a right and those who very often end up clearing up the mess from the small proportion of those who act irresponsibly and damage our natural environment. The amendment would have negative impacts, including potential legal conflict and complexity surrounding the rights of private landowners, concerns about health and safety and the liability of landowners, and the risk of damage to the natural and historic environment.

Amendment 480 requires the Government to review recreational access to land and open access land. The Government are already required by law to complete a review of open access land under the Countryside and Rights of Way Act 2000, and the next review is due by 2024-25. We will consult on extending the rights to open access land after having completed the review of our existing maps of open access land; this point was raised by the noble Baroness, Lady Bennett. I understand the point that she raised, and I have been active in providing access to land close to where a lot of people live. I understand the tensions and problems. Much can be done by good joint working between land managers and the people who wish to use it. I am very happy to continue that debate.