Deregulation Bill

Debate between Andrew Turner and Brooks Newmark

Monday 23rd June 2014 Commons Chamber

[Mr Newmark]

I am listening carefully to the hon. Lady, but I do not think that any Government Member disputes the right to go about the open countryside; that argument was won a long time ago—congratulations on winning it. We are concerned about the right of individuals effectively to intrude on people’s private property and to get—

[Mr Andrew Turner (Isle of Wight) (Con)]

Rubbish.

[Mr Newmark]

Excuse me—[Interruption.] Does my hon. Friend wish to intervene?

--- Later in debate ---

[Mr Newmark]

I shall speak to new clauses 17, 18 and 19.

Many people up and down the country, especially in rural areas, face the daily personal stress and blight of their properties caused by highly intrusive public rights of way across their land, including the gardens of family homes and working farmyards, as well as commercial premises. The new clauses that I propose set out how local authorities should respond to requests to divert or extinguish rights of way, to applications under the right to apply introduced by the Countryside and Rights of Way Act 2000, or negotiation under the new modification consent order process set out in paragraph 5 of schedule 7 to the Bill. Specifically, my new clauses 17, 18 and 19 address and amend sections 119, 118 and 116 respectively of the Highways Act 1980.

It might be helpful for the Minister to have a little context and background to my new clauses. The existence of public rights of way within private property raises several concerns, many of which have been highlighted to me by my constituents. Most important among them is the security of the family and property of the landowner, in particular the security of young children. Having in their backyard a public footpath that anyone can access is worrying for parents and impacts on the daily life of their families.

[Mr Andrew Turner]

Is my hon. Friend aware that people who own such footpaths can apply for them to be moved? I do not see why he is proposing an alternative method.

[Mr Newmark]

As my hon. Friend the Member for North Herefordshire (Bill Wiggin) pointed out, there are issues of safety and security. This is not a subject that I knew anything about until it was raised with me by several constituents, who are extremely frustrated with the existing process designed to protect their family and property. That is what my new clauses are about.

Following on from this are concerns with potential infringements on the privacy of residents and their expectation of being able to relax without strangers appearing in the same contained space. Pathways across land can also reduce the value of the property. That, by the way, is probably the least of my concerns, but it has been raised by my constituents. Finally, farmyard operations put the public potentially at risk because of the limited space through which these routes pass.