MID AND WEST BERKSHIRE
COUNTRYSIDE LOCAL ACCESS FORUM
R F Penfold
Secretary
Civic Centre
Reading RG1 7TD
DX 40124 Reading (Castle Street)
Right to Apply Consultation
Department for Environment, Food and
Rural Affairs
Zone 1/02
2 The Square
Bristol BS1 6EB
Direct:  0118 939 0444
Fax: 0118 939 0969
e-mail: [email protected]
Our Ref: RFP/KN
Your Ref:
31 August 2007
Dear Sirs
CONSULTATION ON IMPLEMENTATION OF THE RIGHT TO APPLY FOR ORDERS TO
EXTINGUISH AND DIVERT PUBLIC RIGHTS OF WAY AND ASSOCIATED RIGHTS OF
APPEAL
I refer to the consultation exercise announced on 29 May 2007, on a proposed approach
to implementing a new statutory right of application for orders to extinguish or divert
rights of way. The Forum wishes to comment as set out below.
In principle, the Forum supports the contention that owners, lessees and occupiers of
land, and school proprietors, should have a clear cut, nationally agreed, procedure for
applying to the appropriate authority to extinguish or divert a right of way across land
over which they have a legitimate claim. The authority should be required to give a
decision in a reasonable period of time and the applicant should have the right of
appeal to the Secretary of State, if agreement cannot be reached locally. The process
must be transparent, with all relevant parties being informed of events/decisions, but
it must be “deadlined”, to stop matters dragging-on seemingly ad infinitum, and costs
for all parties escalating. The Forum envisages that the procedure would be
essentially similar to a planning application, with public display of notices, information
to interested parties, including the local access forum etc.
The Forum does not have a consensus view on who should pay for the order. Some
Members believe that the applicant should. Other, however, feel that charging £2,500
seems very unfair on landowners to correct a network which they may perceive as
faulty, and to which they already contribute significantly, through maintenance.
A local access forum under Section 94 of the Countryside & Rights of Way Act 2000, appointed by, and advising
The responses of the Forum to some of the questions posed in the consultation
document, as numbered in the document, are as set out below:
1a.
1b.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
13.
14.
15.
16.
17.
20.
35a.
35b.
Yes, authorities must make available application forms.
No - the form should be standard across England but there should be space for
“additional information”.
Yes, the application form must include this basic information.
Yes, the right to apply should allow an application with respect to restricted
byways.
The scale of the map should not be less than 1:2500.
Agree.
This should be a minimum requirement.
Yes - definitely
Yes
Yes
Yes
Within eight weeks would be better
Yes
Yes
See above
Yes
No - just too bureaucratic
Yes
Yes, authorities should be required to notify their LAF of each application.
Being asked for generic advice is not sufficient.
Yes, the Secretary of State should be required to notify the relevant LAF if an
appeal is made.
Yours faithfully
R F Penfold
Secretary