The Cleansing of the Countryside
The Government has recently undertaken consultation on the thorny issue of mechanically propelled vehicles on rights of way. It is proposing, amongst other things, to remove the right to claim vehicular rights based on historical evidence by introducing a one-year timeframe in which to research and submit applications for byways open to all traffic. Thereafter, it will only be possible to claim restricted byways or bridleways based on historical evidence, up to the cut-off date of 2026. Thereafter all unrecorded historic rights will be extinguished.
This consultation has been undertaken in response to heavy lobbying by the Country Landowners and Business Association and the Ramblers’ Association. It goes against the Government's avowed policy outlined in its recently published guidance on Rights of Way Improvement Plans, namely:
‘Wherever possible proposals for improving rights of way should not unduly benefit one class of user at the expense of another. Improvements that are intended to benefit cyclists, harness-horse drivers, horse riders or walkers should not unduly restrict lawful motorised use of public vehicular rights of way. Proactive management to deal with the issues of proper recording of rights, maintenance and shared use can bring benefits to all users. The management principles set out in Making the Best of Byways may be used to avoid conflict over the use of byways that are regularly used by vehicles, and a revised edition is to be issued shortly to assist local authorities in their work.’