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'Let some byways be bygones' says CLA 'Re-instating abandoned rights of way including byways without due consideration for suitability, need or the impact on rural businesses and the environment is opening a can of worms,' said Mark Hudson, President of the Country Land & Business Association (CLA). Mr Hudson's comments follow the launch today, by the Minister for Rural Affairs Alun Michael, of two consultations on the rights of way provisions under the CROW Act 2000.
The consultation papers propose a register logging applications for rights of way.'We welcome any move, including the proposed register, that makes it clearer to landowners and those looking to buy land whether there is an application to establish a right of way over that land on the Government's definitive map. However, the consultations do not deal with the fundamental issue that public rights of way can be claimed across land even when they have not been used in living memory on the basis of 'once a highway always a highway'. This can cause major problems for those who live on the land and for locals in the area, as the opening up of the routes only depends on establishing that the way is a historic route - no consideration is given at all as to whether the way is suitable for modern needs, its effect on the current land use nor on the environmental impact that the route will have,' continued Mr Hudson. CLA member and North East farmer, Russell Stephenson was dismayed to learn of an application to map a 60-foot wide historic byway through his upland suckler herd and sheep farm. Mr Stephenson said, 'While I accept that written evidence shows an historic byway across the land, renewing this route will cut the farm in half and will be a nightmare to manage. I will either have to fence off the byway and install access gates to cross the animals from one side of the farm to the other or leave a 60-foot wide strip across the farm open to all which leaves me with serious security problems. How can anyone want motorised vehicles crossing unblemished pasture in a designated area of outstanding natural beauty?' The CLA is particularly concerned regarding a loophole in the law allowing vehicles onto country paths. Mark Hudson continued: 'It is ridiculous that a route originally intended for horse and cart use to get from A to B, which may not have been used since the 1700s, can now be claimed as a recreational route for 4x4s with all the damage this can cause. We wrote to the Minister regarding our concerns earlier this summer and are still awaiting an answer. At the very least, there should be some form of test of suitability of a route before public vehicular rights are found to exist along green lanes.' 2 November 2004 |
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