Defra has opened a consultation on “simplifying” rules governing rights of way in England. Proposed changes cover the recording, diverting and extinguishing of public rights of way, the process for which are unnecessarily slow and cumbersome, according to Defra. 

The Defra consultation will see input from a variety of stakeholders, including walkers and countryside residents. The NFU has responded to proposals, approaching the issue from the landowner’s perspective.   

The union has called for a 2026 cut-off date for new applications for historic rights of way to be included in the new package of rules, claiming this change would “bring to an end the uncertainty for landowners.”  It has also suggested local authorities, not applicants, should approach the landowner or occupier only after the application has passed a new, basic evidence test, which the union claims  will ensure that farmers have the opportunity to discuss applications and become engaged only after weak applications have been screened out.

NFU countryside adviser Claire Robinson commented, “The Government should address areas where the current rights of way network is demonstrably out of date. Currently, it is difficult and costly to implement changes to the network.

“There is a clear need to simplify the legislation and implementation in this area to reduce the timescales involved in processing applications, for path diversions or existing and historic routes. This will reduce costs to all those involved and uncertainty for businesses affected by applications. It cannot be acceptable to Government or society that, for example, an application for a historic right of way made in 1993 is still to be determined this year.”

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