This paper informs NCAF about the DEFRA consultation on statutory guidance for preparing Rights of Way Improvement Plans. It also summarises how the Agency plans to support the process of preparing and implementing the plans. NCAF are invited to pro...
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NCAF 13/3 Rights of Way Improvement Plans

Wendy Thompson, Senior Adviser, Enjoying the Countryside Branch

Introduction

1. The Rights of Way Improvement Plan Guidance is an important document which will steer the direction of future work on improving linear access networks for all types of user, and for both leisure and transport.

2. This paper informs NCAF about the DEFRA consultation on statutory guidance for preparing Rights of Way Improvement Plans. It also summarises how the Agency plans to support the process of preparing and implementing the plans. NCAF are invited to provide the Agency with comments which will be considered in our final advice to DEFRA, and in developing our future Corporate Plan and more detailed Branch Business Plans.

Background 

3. DEFRA are currently consulting on statutory guidance on the preparation of Rights of Way Improvement Plans. I believe that all of the organisations represented on NCAF have been invited to respond to the consultation and the deadline for comments is 28 March 2002. We expect the Secretary of State to issue the guidance to local highway authorities later in 2002. The authorities will then have 5 years in which to complete their first plans.

4. Guidance on preparing Improvement Plans was drafted by the Countryside Agency during 1999/2000. We consulted with NCAF (paper 7/4), the Rights of Way Review Committee and the County Surveyors Society in July 2000. Comments received from each of these groups were taken into consideration and a final draft was submitted to DEFRA last year. DEFRA has refined the draft, but essentially has not changed the version provided by the Agency. 

5. The Agency has therefore agreed with DEFRA that it will not formally respond to the consultation, but instead will be involved in the process of refining the final version of the document once responses to the consultation have been received. This will involve seeing the overall analysis of the responses along with some of the more substantial replies. It will allow the Agency to advise on any changes to be made to the draft. 

Preparing the plans

6. Local authorities will be required to identify the changes to be made to rights of way to meet the Government's aim of better provision for walkers, cyclists, equestrians and people with mobility problems. The draft guidance refers to tourism, health, sustainable transport and improved access for all as matters to take into account in preparing the plans. The relationship between linear routes and open spaces are also to be considered. 

7. Local authorities will have to take account of other plans and strategies, including relevant policies in structure and local plans, Local Transport Plans, walking and cycling strategies and recreation strategies where they exist. They will also need to look at the existing infrastructure including promoted routes, recreation attractions and sites and routes provided by private land owners such as the National Trust, Environment Agency and the Forestry Commission. Access maps are not specifically referred to in the draft guidance which is an oversight we plan to rectify! 

8. The Agency believes that an Improvement Plan should be forward looking, wide ranging and strategic. They should not be prepared by looking at the existing rights of way network in isolation. NCAF views on whether this is clear in the draft guidance would be welcome?

Consultation process

9. The process of preparing an Improvement Plan is as important as the plan itself. In order to meet the statutory requirement to assess 'the extent to which local rights of way meet the present and likely future needs of the public', an authority will be advised to use market research or other techniques to test whether the network provides people with what they need. In some areas, the techniques will need to take account of visitors to the area as well as local people. The Agency has piloted ways of assessing the adequacy of the network, with the help of consultants and as part of the Integrated Access Demonstration Projects and we intend to share this information. This is referred to in paragraph 2.3.10 of the draft guidance. It would be helpful to know whether NCAF members believe the Guidance should be more specific on how local authorities should involve the public. However, we need to be mindful that there is a limit to what the Secretary of State will be prepared to advise local highway authorities to do.

10. The draft guidance also specifies that local authorities must involve Local Access Forums in preparing and reviewing their plans. However, the draft does not specify that the consultation should involve all groups with an interest in the network of rights of way which had been the intention of the Agency. If there is general agreement that this is needed we could ask DEFRA to either insert a general statement in the guidance; or to add an Annex prescribing such persons which the local authority should have a duty to consult. NCAF views on this would be welcome.

Implementation of plans

11. There is no duty for a local authority to implement its Rights of Way Improvement Plan, possibly presenting both a weakness, and an opportunity. The risk is that the plans will be prepared in a minimalist way and will then be put to one side until it is time to revise them. Alternatively, because there is no statutory duty to implement the plans there is more potential for authorities to bid for external funding to implement them. We also expect the process of preparing the plans to raise expectations and that local access forums will have a role to play in advising local authorities on implementing their plans.

Countryside Agency action

12. There are a number of things which the Agency plans to do to support the improvement plan process:

Demonstrate good practice

a. During 2002/03, the Agency plans to work with some willing local authorities to develop model Improvement Plans on a fast-track basis, which can then be shared to demonstrate good practice. We will begin to approach authorities about this in spring 2002. Trainingb. The Agency is researching training needs resulting from CROW Act Part 1 and II and will consider the specific needs relating to Improvement Plans as part of that process. We expect to support and influence the training provided by others rather than act as a direct provider. Raising public awareness and expectationsc. Effective public consultation will be dependant on the public being aware of the potential for the network to improve the quality of their lives, whether this is by providing:
  • more joined up network of non-motorised routes for local journeys;
  • more places to enjoy a casual stroll or cycle ride near to where people live;
  • better quality routes for walkers, equestrians, cyclists and other recreational users; or 
  • opportunities for small scale rural enterprise where people go for holidays and day trips.  
The foot and mouth outbreak demonstrated that people missed being able to use rights of way and access land when it was not available and rural businesses suffered from lost income. Nevertheless, where rights of way exist and are well managed they are often taken for granted, and where they are neglected or do not exist the situation is accepted. The Agency is considering the role it can play in raising expectations of the network of access routes. In the climate of Best Value and improving local authority services in response to public demand, this will be a important factor in determining whether resources are allocated by local authorities to improve rights of way.

Implementing the plans

d. We will provide advice on the mechanisms and sources of investment available to put the Improvement Plans into practice. This will include: bidding to the Government for an Agency funded programme in the regular spending reviews; exploring the potential for lottery funding and sponsorship; and bidding for European funding including InterregIII. The need for implementation funds will be in a year or so when the first Implementation Plans have been prepared. e. We will also continue to develop the Discovering Lost Ways project which, we believe, will help to fill some gaps in the network particularly for higher rights users.f. We will use the experience gained from the Greenway pilot projects to encourage good working partnerships which help to create better networks for all users.g. We will aim to influence the next Local Transport Plan Guidance to recognise the relevance of non-motorised networks to sustainable transport planning.h. As a statutory consultee on all Improvement Plans, the Agency will provide advice and comment during their preparation, both directly and through the Local Access Forums.

NCAF are invited to advise on other action which the Agency could consider undertaking. 

February 2002