As predicted in LARA’s News Post of 23 July last, the Government has announced that it intends to reverse the decision of the previous administration to implement the rights of way cut-off date legislation.
It was a Labour Government that introduced the cut-off date legislation, in the Countryside & Rights of Way Act 2000. It was accompanied by an undertaking to first complete the definitive map of public rights of way, but this has never been realised. The BBC has reported that the Government’s latest announcement did not provide a clear explanation of how the definitive map would be completed.
It was the previous Conservative Government that activated the provisions, by means of a commencement order late last year, which set the cut-off date clock ticking. But until the legislation actually took effect, which would have been on 1st January 2031, it was always still possible for the legislation to be repealed. The current Government has just announced that it is planning to repeal the cut-off date legislation as soon as Parliamentary time allows.
LARA’s will issue a briefing note once the detail of how the Government intends to proceed is made clear. However, it is envisaged that the repeal of the cut-off date legislation will not significantly change the position with regard to the recording on rights for motor vehicles.
Please note that the above applies only in England, as the Welsh Government has already committed to repealing the cut-off date legislation in Wales.
