Defra on ROW reform programme

From Paul Ballinger, Defra, ROW Reform team

I am emailing to update you on the implementation of the rights of way reform programme.
 
As you may recall we announced in March the Secretary of State's decision to commence and extend the cut-off date. I can confirm the cut-off date provisions in the Countryside and Rights of Way (CRoW) Act 2000 (s.53-56 of CRoW) will be commenced and come into force on 25 October. On 26 October an SI to formally extend the cut-off date to 1 January 2031 will be laid in Parliament and will automatically become law on 17 November unless it is annulled.
 
Commencing s.53-56 of CRoW includes the cut-off date and the regulation-making powers enabling us to lay the extension regulations and specify the exceptions to extinguishment. We are laying regulations this week to extend the cut-off date but are not yet ready to lay regulations setting out what the exceptions will be. However, the Secretary of State is committed to exceptions being introduced and we will be working to complete them as soon as we can.
 
In particular, the Secretary of State is committed to ensuring that all valid applications made before the cut-off date can continue to be determined after it. The other key exceptions will cover unrecorded rights of way in urban areas and those in the List of Streets/National Street Gazetteer, and we will be drafting provisions for further consideration covering unrecorded and under-recorded width. The Secretary of State has decided against including a general exception covering unrecorded routes in frequent use up to the cut-off date, which should instead be saved by making an application.
 
The Secretary of State remains committed to implementing the remaining reforms and we will update you on the implementation of Right to Apply and the DMMO regulations as soon as we are able to do so.
 
Thanks
Paul
 
Paul Ballinger
Defra
Access and Engagement with Nature Team
Access, Landscapes, Peatland and Soils