Defra has introduced new guidance aimed at making it easier to divert a public right of way where there are concerns over privacy, security, and safety.
This guidance states that when an application is made to divert a path, “an authority should consider in particular the impact of the existing path on the property owner and/or occupier against the benefit that having the right of way through the land brings to the public”.
This should mean that, effective from 1 August 2023, when an application is submitted under the Highways Act to divert or extinguish a public right of way, the local authority must be able to show that they have considered the benefits to privacy, security, and safety of diverting or extinguishing the right of way.
Rights of way reform
“This amendment is something we have been working with Defra on for several years,” said NFU Environment forum chair Richard Bramley in response to the news.
“Farmers recognise the importance of the rights of way network in England and Wales, with millions of people visiting the countryside to improve their mental health and physical wellbeing. However, when a path crosses through a private residence or a working farmyard it can pose a serious privacy, safety and security risk.”
“When a path crosses through a private residence or a working farmyard it can pose a serious privacy, safety and security risk.”
NFU Environment forum chair Richard Bramley
The government instigated the reform process with Countryside and Rights of Way Act 2000 and since then the NFU has been part of the Defra SWG (Stakeholder Working Group) which oversees the finer details.
The SWG involves a range of interested parties including landowner representatives, countryside recreation groups (including the Ramblers, Open Spaces Society and The British Horse Society) and local authorities negotiating with Defra on the intricacies of the new reforms.
This can involve very sensitive negotiation, and it took a great deal of discussion prior to Defra finalising and publishing the guidance, popularly known as the “Presumptions Guidance”, but the official title is: “Government guidance on diversion or extinguishment of public rights of way that pass through private dwellings, their curtilages and gardens, farmyards and industrial or commercial premises”.
The SWG are currently negotiating on further sets of reforms, which the government intends to table as legislation in the coming months. Used alongside the new laws, the Presumptions Guidance will give invaluable assistance to local authorities in developing a footpath network fit for the future.
“The NFU welcomes the address of this issue and looks forward to hearing updates from Defra’s Stakeholder Working Group on the remaining reforms over the next few months,” Richard added.
