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Unrecorded Rights of Way

Following the review and closure of the Discovering Lost Ways Project, Government have accepted the approach proposed by Natural England to refocus efforts on bringing stakeholders together to find solutions to the challenges of recording unrecorded rights on the Definitive Map.

An independently chaired Stakeholder Working Group is being set up, to bring together representatives of the key relevant interests nationally:

  • to consider the issues and difficulties associated with the recording of pre-1949 public rights of way that are not currently shown on the definitive  map and statement maintained by highway authorities; and
  • to work together with the aim of reaching agreement on a balanced package of strategic reforms in law and procedure that in the Group's view would bring real benefit to the various interests potentially affected by the claimed existence of such rights.      

In convening the Group we have aimed to make it small enough to permit workable debate on complex issues but ensure a clear numerical balance between the three main sectors of interest in this subject:

  • Land management issues
  • User interests
  • Local authority interests      

Natural England will service the Group and work proactively to keep the wider network of stakeholders informed of progress and give opportunities for exchange of views and evidence to support the work of the Group.

The first meeting of the Stakeholder Working Group is likely to be held in the autumn.

The Group will be chaired by Ray Anderson.  Ray is a former senior civil servant in Defra with a distinguished record in this type of exercise, having chaired a similar group relating to common land issues that delivered the broad policy consensus that helped pave the way to successful enactment of the Commons Act 2006.

What comes out of the Group depends very much on the participants and their willingness to work together to come up with workable and mutually acceptable solutions - whatever these happen to be.  Defra have confirmed that the Government will not bring into force the 2026 cut-off provision at least until the Stakeholder Working Group has reported.

In the meantime, Natural England will seek to encourage local authorities to continue to progress definitive map work in line with priorities identified within Rights of Way Improvement Plans.