The 30th of October is the 40th anniversary of the Wildlife and Countryside Act 1981.

This Act gave us the system of ‘continuous review’ of the Definitive Map and Statement (DMS), which is still in operation today.

It was the 1949 National Parks and Access to the Countryside Act that introduced the DMS. Indications of the beginnings of a recreational highways network go back to the 1820s. But it was not until the 1949 Act that the concept of a national, definitive, legal record of rights of way was enshrined in legislation, following recommendations in a report by the ‘Hobhouse Committee’.

The DMS was to be complied by a nationwide survey. Local authorities were given a statutory duty to undertake the survey for each of their areas and it was thought that the survey would take four years or so, after which attention could then turn to improving and adding to the network. However, the survey was never completed despite further statutory duties being imposed on local authorities.

By the time of the ‘81 Act, the Government had effectively given up on the idea of completing the survey. It instead opted for giving local authorities a statutory duty to keep the definitive map and statement under ‘continuous review’. This meant that authorities had to modify the DMS whenever they came across, or were presented with, evidence that it needed to be updated or corrected. The legislation also enabled the public to participate in the process by making applications for definitive map modification orders (DMMOs).

In the period leading up to the Countryside and Rights of Way Act 2000, the idea of completing the historical record (i.e. the definitive record of rights of way in existence up to 1949) was resurrected. This led to the 2026 cut-off date provisions.

In England, if progress on the rights of way reforms project, which includes implementation of the cut-off date, continues to founder, the cut-off date may be abandoned or at least deferred. Welsh Government officials have already confirmed that the cut-off date will not be implemented in Wales.  In both cases, the current regime of continuous review would presumably continue to serve, while a decision is made on what to do next.

The continuous review system has been with us for 40 of the 70 years or so since the inception of the definitive map and statement. Arguably it has served well and it begs the question whether completion of the definitive map and statement is practicable, or indeed necessary?

The 1981 Act also gave us the definition of a ‘byway open to all traffic’ (or BOAT). Although BOATs, which were intended to replace ‘roads used as a public path’ (or RUPPs), were introduced in the 1968 Countryside Act, the term was not defined in legislation until the 1981 Act, where a definition can be found in section 66.

[The RUPPs to BOATs and Restricted Byways saga is interesting in itself and is worthy of a future News Post.]

If you are thinking about the summer holidays and planning a trip that will include military ranges or training areas – just a reminder about ‘Respect the Range’. This is the new campaign that encourages everyone, from families and dog walkers, to hikers, green laners, and mountain bikers, to be mindful of the shared lands and make sure they’re using the training areas only when it is safe to do so.

The Defence Training Estate is shared land. It’s where families, locals and other visitors spend time. But it’s also where our armed forces practise live-fire training. It can go from tranquil to treacherous overnight.

Not all areas of the Defence Training Estate are open to the public. So respect the range and to use the land respectfully; follow public access routes, and use the range when and where it is safe to do so.

To find out more about the campaign, and to check the training times, visit:
https://www.gov.uk/guidance/safe-access

If you are planning a trip this Bank Holiday, and your trip will include military ranges or training areas –  just a reminder about ‘Respect the Range’. This is the new campaign that encourages everyone, from families and dog walkers, to hikers, green laners, and mountain bikers, to be mindful of the shared lands and make sure they’re using the training areas only when it is safe to do so.

The Defence Training Estate is shared land. It’s where families, locals and other visitors spend time. But it’s also where our armed forces practise live-fire training. It can go from tranquil to treacherous overnight.

Not all areas of the Defence Training Estate are open to the public. So respect the range and to use the land respectfully; follow public access routes, and use the range when and where it is safe to do so.

To find out more about the campaign, and to check the training times, visit
www.gov.uk/guidance/safe-access

As the spring weather arrives and lockdown continues to ease, Natural England and Natural Resources Wales have today launched a renewed Countryside Code. The theme is to welcome and encourage everybody to enjoy nature, but to encourage them do that in a way that protects and respects nature, other visitors and those who own and manage the land they visit.

You can access the code via the following links:

https://www.gov.uk/government/publications/the-countryside-code
https://naturalresources.wales/days-out/the-countryside-codes/the-countryside-code/?lang=en
https://naturalresources.wales/days-out/the-countryside-codes/the-countryside-code/?lang=cy

Our land – full of beauty, splendour and wonder. From lush landscapes to unique wildlife. But here, you never know what’s around the corner. Things can change in the flick of a switch.

The Defence Training Estate is shared land. It’s where families and locals spend time. But it’s also where our armed forces practise live-fire training. It can go from tranquil to treacherous overnight.

Welcome to ‘Respect the Range’ the new campaign that encourages everyone, from families and dog walkers, to hikers, green laners, and mountain bikers, to be mindful of the shared lands and make sure they’re using the training areas only when it is safe to do so.

Not all areas of the Defence Training Estate are open to the public. So respect the range and to use
the land respectfully; follow public access routes, and use the range when and where it is safe to do so.

To find out more about the campaign, and to check the training times, visit:
http://www.gov.uk/guidance/safe-access.

DEFRA has made the decision to not renew its contract with HUDDLE and the service will cease in early April.

Natural England (NE) would like to continue to provide a communications platform for LAFs and so will look to set up a SharePoint (or similar) facility as soon as possible. There will be a short gap in provision, but NE will contact members to ask if they want to join the new facility.

NE have downloaded all the existing files and folders from the LAF workspace to ensure no information is lost and will review in due course what needs to be retained.

NE has suggested you might want to take the opportunity to save your own files before April by using the download facility on HUDDLE.

You can also email Andy Mackintosh of NE to request particular files, or if you have any other
queries: andrew.mackintosh@naturalengland.org.uk

It looks as if the threat to motorsport from the ramifications of the ‘Vnuk case’ may finally be over:

Read more on the Government website.
Read the statement from Motorsport UK.

Following the retirement of Alan Kind, we would like to welcome Dave Waterman who will be supplying his services to LARA as its Technical Advisor from March 1st.

Dave worked for DEFRA from 2000 until 2018. His role in DEFRA was mainly as head of recreation and access policy, which included public rights of way policy and legislation, but included National Parks policy. Before that Dave worked in a wide variety of roles in the Departments of Environment and Transport, including the Planning Inspectorate and the (then) Vehicle Inspectorate.

Dave drives a Defender, but his exploration off the beaten track is generally by bicycle or on foot. As you will see from the above, Dave brings a high degree of expertise to the role and a special understanding of PROW issues from a government perspective.

We are delighted to welcome Tom Waterer as our new Chairman. Tom takes over from Andrew Brown who resigned in April, after four years in the role, due to family circumstances.

Tom is a lifelong motorcyclist who has worked for BSA, Norton, Suzuki GB, and the Motorcycle Industry Association; he’s raced at the Isle of Man TT and in enduros; and competed in motorcycle trials and motocross. More recently he’s become involved with 4×4 green-laning; renovating Land Rovers; competing in AWDC events; and driving 4x4s overseas in Morocco, the Pyrenees, Namibia, Lesotho, and South Africa. Quite some CV!

Tom can be reached at chairman@laragb.org

LARA TECHNICAL ADVISER

Due to a forthcoming retirement, LARA wishes to recruit a part time, home based, Technical Adviser. The role requires a working knowledge of current legislation and good practice as applied to the use of motorised vehicles in the countryside, and highway research expertise. An interest in grassroots motorsport, on 2, 3, or 4 wheels, is desirable but not essential. The role also includes the administrative work necessary to support the LARA Steering Committee, which usually meets three times a year.

Applicants should be Members of IPROW or able to demonstrate equivalent qualifications and experience. Applicants would need to demonstrate committee experience and negotiation skills. The position would suit retired local government officers, potential early retirees, or anyone willing to assist Highway Authorities with the management and sustainable use of rights of way.

Applicants will be expected to commit to an average of 10 hours per week, but this may rise following a transition period with the existing incumbent. The actual hours to be worked, the hourly rate, and other contract terms, will be negotiable for the right applicant.

If you are interested please apply, in confidence, to chairman@laragb.org including your CV and any other relevant information. Applications close on Friday 13th March 2020, interviews will be held during March/April 2020, and the successful applicant should expect to start work from 1st May 2020, subject to negotiation.