Breadcrumbs
NCAF 16/1 Update – Discovering Lost Ways
· Phase 1 was a research contract into the likely scale of the undiscovered rights of way and options for tackling the work;
· Phase 2 was to set up a systematic approach to archive research and the submission of claims for definitive map modifications to ensure that as many lost ways as possible are captured by the cut-off date of 1 January 2026 (as provided by sections 53-56 in the Countryside and Rights of Way Act 2000).
2. This paper summarises the findings of the Phase 1 research and outlines progress to date in setting up the implementation phase (Phase 2).
Phase 1: Research findings
3. As the first stage in establishing an efficient system of research, the Countryside Agency let a contract [1] to:
· identify the extent of ‘lost ways’; and
· propose how research should be undertaken.
4. By undertaking a comprehensive survey of highway authorities, consultants estimated that there may be some 20,000 unrecorded rights of way in England, amounting to some 16,000 km (a potential increase of 9% in the rights of way network). Only one authority reported that its definitive map was up to date with 70% of authorities intending to have their definitive maps up to date by 2026. Fourteen main sources of documentary evidence were identified by the research, held in over 70 local record offices and national collections. Overall, consultants estimated that some 54,000 days would be required to carry out the archival research necessary to systematically trawl the archives for lost ways that have not, so far, been claimed.
5. The consultants looked at how research into ‘lost ways’ was currently carried out and while recognising the excellent work of volunteers on specific routes to date, identified that the scale of the archive research task was well beyond the availability of the volunteer resource. The consultants thoroughly assessed the current situation regarding lost ways and comprehensively set out options for how evidence on ‘lost ways’ could be researched and submitted to highway authorities.
6. Having evaluated the consultants report and undertaking further work to explore the optimal way of carrying out the work, in December the Agency Board agreed the way forward for the work ( main paper at http://www.countryside.gov.uk/reception/papers/32%20Implementing%20Lost%20Ways.htm , annexes at http://www.countryside.gov.uk/reception/papers/32%20Annex.htm ). The Board agreed to establish, at arms length, an Archive Research Unit (ARU) with assistance from volunteers, to identify and record systematically ‘lost ways’ and to establish an independent Rights of Way Claims Trust (RCT) to convert the findings of the ARU into formal applications (to standards agreed with the appropriate professional bodies) to modify the definitive map.
7. We have spent some time working towards the implementation stage. We considered it important (as we advised government in 1999 [2]) that any ‘closure’ of the definitive map to historic claims should only happen based on thorough research. We assessed the options, built on the work of the University of Gloucestershire consortium and have arrived at a way of undertaking the work that we consider is both workable and cost-effective but will be tested by a pilot approach.
8. Further to the Agency Board decision, we are beginning the implementation phase of the project: inviting tenders to establish the ARU; taking legal advice on a number of issues prior to the establishment of the RCT; developing research standards; and exploring the possibility of an accreditation scheme.
9. To help us to develop the project we have established an Advisory Group made up of representatives from: Association of Chief Archivists in Local Government; BHS; CCW; CLAB; CSS; CTC; defra; IPROW; LARA; and the RA.
Phase 2: Implementation
10. We are seeking competitive tenders for consultants to establish the ARU, which due to the scale of the work is subject to the OJEC procurement regulations and timetable. We expect the ARU to begin work in the summer of 2003, starting with two pilot counties.
11. The six month pilot ARU will work at a county, regional and national level to test standards of archive research and the overall approach. This will involve:
· comparing historic OS maps and Finance Act 1910 maps with current map records;
· with guidance from highway authorities and archive office staff, systematically trawling county and other archives for primary [3] sources of evidence;
· inviting volunteers (volunteers and volunteer groups have carried out excellent work on certain routes and in certain parts of the country and it is important that the ARU provides opportunities for volunteers to continue to be involved) to find secondary [4] and other evidence to support claims (a reimbursement scheme will be established for volunteers for out-of-pocket expenses and training will be made available);
· liaise with local access forums, farmer and land owner representatives and rights of way officers to ensure the process is open and transparent; and
· provide a soundly based list of potential ‘lost ways’ in the two pilot counties [5]
12. It is important that the pilot phase of the project identifies: issues that require clarification (which we will take to Counsel if necessary); contentious issues; and advises the Agency of refinements to the method of working. After an assessment of the pilot phase, the work of the ARU will be rolled out across the country, region by region (beginning in April 2004). We expect the ARU to be in existence for around ten years.
13. There are a number of issues on which legal advice is required prior to the setting up of a RCT and we are still developing our thinking but we plan to set up a skeletal RCT in the autumn of this year. Schedule 14 applications are currently (and the University of Gloucestershire consortium have advised us are likely to remain) the most common means by which highway authorities become aware of changes that are needed to the definitive map and the role of the RCT will be to:
· assess the evidence uncovered by the archive research process;
· translate the documentary evidence into Sch 14 applications.
We anticipate that the RCT will be in existence until 2026, if not beyond. We do however, anticipate the bulk of the work will be complete in 15 years and after that we propose inviting the voluntary sector to take over any claims until at least and probably beyond 2026.
14. Prior to the establishment of the pilot ARU we will be developing Research Standards based on existing guidance from a variety of sources. This will both set out how research in the archives should be undertaken and likely interpretations of evidence.
15. An important part of the work over the coming year will be working towards the establishment of an Accreditation Scheme. The backlog in the processing of claims has led us to seek a way of streamlining the process. We will work with county solicitors and rights of way officers to seek to establish an accreditation scheme which will formalise the ‘fast-tracking’ of modifications that come through the ARU and RCT to achieve better value for money.
Jill Hobbs, Senior Countryside Adviser
[1] Contract with a consortium led by the Countryside and Community Research Unit at the University of Gloucestershire (contract report spring 2002).
[2] Agency response to DETR (1999) Improving Rights of Way in England and Wales. Consultation Paper.
[3] The University of Gloucester identified primary sources of evidence as: tithe award maps; 1910 Finance Act maps; inclosure award maps; 1st edn OS maps and books of reference; 2nd edn OS maps and object name books; Turnpike Trust Acts and plans; Railway Acts and plans; Canal Acts and plans.
[4] The University of Gloucestershire identified secondary evidence as: glebe terriers; utility deposited maps; HA handover maps; Highway Act deposited plans; parish surveyors records; and estate plans.
[5] A final decision on the pilot areas will be made in May 2003.
