This was a detailed consultation covering unrecorded rights of way; improvements to public path orders; charging for applications for path diversions/ extinguishments and alignment of the public path diversion process with that of planning permission.
Some of the key parts of the NFU response cover:
- The rights of way application process needs to be streamlined and made fairer for landowners.
- The NFU wants to see the implementation of the 2026 cut-off date for new applications for historic rights of way is part of a proposed package of improvements which will bring to an end the uncertainty for landowners created by historic rights of way applications. Currently, an application can take many years to reach a final decision with some cases taking more than 10 years to determine. The message to government is that the whole package needs to be implemented to secure improvements.
- In addition, the local authority, not the applicant, should approach the landowner or occupier only after the application has passed a new more stringent evidence test. This will ensure that farmers have the opportunity to discuss the application and are engaged only after weak applications have been screened out.
The NFU welcomes other proposals, for example, extending the ability to erect gates on public paths and to address more issues than management of livestock.
The NFU has not supported full cost recovery for path diversions and extinguishments as it is difficult to demonstrate the financial benefit to the business.