Natural England

Discovering Lost Ways (DLW) has undergone a major refocus following a fundamental review carried out in 2007.

The project, set up under the Countryside Agency, has been working on a national scale research method of historical documents to find evidence of rights of way missing from the definitive map.

By submitting the evidence to local surveying authorities to determine, rights of way not shown on the definitive map could be safeguarded.  Under the Countryside and Rights of Way Act 2000, any rights missing from the definitive map after 2026 would be lost forever.

Through the review, five Pathfinder Projects tested different approaches to transferring research to local authorities and involving local stakeholders.  A series of workshops for national stakeholders gathered views on key issues.

The review found 

• The original estimate of 20,000 lost ways remains valid, but the costs and timescale of processing these through the current system, even reflecting the streamlined, source-led research approach are unacceptable
• Over 50% of identified ways are not lost, many can be seen, but they are simply not recorded on the definitive map
• The loss of these used, but unrecorded routes, would mean a significant decrease in access to the countryside at the cut-off date
• A small minority of lost ways may be inconsistent with modern land use and can cause practical problems for owners
• Stakeholders have demonstrated a willingness to contribute to seeking sensible solutions to these complex issues.  

As a result of this review, Natural England concludes that:

• the aims of DLW support the strategic objective of NE to enable more people more access to the natural environment more often.
• a rights of way network that provides clarity for users about where they can go contributes to this, as well as providing longer term certainty for landowners and managers about rights which cross their land.
• in order to achieve this the methods used must stand a good chance of realising this certainty of recording rights on the definitive map within a realistic timescale
• the review has highlighted the limitations and constraints of the current methods and context of researching, submitting and determining claims.
• it is clear that a more holistic approach to the rights of way agenda is required if we are to realise the benefits that an accurate rights of way network can provide.  

Natural England will work with others to set out the areas where progress is essential to resolve the situation and provide a system for recording lost ways that is fit for purpose in the 21st century.

To achieve this we will establish an independently chaired Stakeholder Working Group of key national stakeholders to develop an agreed package of measures that will achieve real and lasting progress in recording rights of way.  Defra have advised that the government will not proceed to implement sections 53 to 56 of the Countryside and Rights of Way Act 2000 (which provides for the cut-off date) until the Stakeholder Working Group have reported.

We will continue to work with others to find ways to share experience of productive approaches to recording rights of way on the definitive map, but we will not be actively supporting claims research.

Full details of the review can be found in Outcomes of the review and recommendations for the way forward (77kb pdf).