The decision follows more than 10 years of active campaigning by the NFU to bring about changes to historic rights of way legislation.
Commencement regulations are a SI (statutory instrument) that brings into force part of another piece of legislation at a date later than the date it became law. In this case, the decision will bring into force the cut-off date provisions in the Countryside & Rights of Way Act 2000.
On 26 October 2023, an SI to extend the cut-off date to 1 January 2031 was laid in Parliament.
Outstanding rights of way reforms
This will be followed by the outstanding rights of way reforms, including the “exceptions regulations”.
These regulations will cover routes that will not be subject to the cut-off date, including DMMO (Definitive Map Modification Order) applications which have been submitted, but not determined, by the cut-off date.
Some groups have campaigned for rights of way that aren’t on the Definitive Map but are in regular use before the cut-off date, to be included as an exception. The NFU is pleased that the Secretary of State does not consider that this exception should be included.
“Many farmers have claims for rights of way hanging over them for long periods, which significantly impacts the farm business.”
NFU Chief Land Management adviser Sam Durham
Landowner groups agree that these rights of way should be subject to a DMMO application and either determined before the cut-off date or become subject to the exception on outstanding applications and determined later.
The NFU supports Defra’s proposed timescale for implementing the remaining SIs, starting with the “Right to Apply” which (alongside the recently published Presumptions Guidance) will allow NFU members to apply to divert footpaths away from farmyards and farmhouses for safety and security reasons.
NFU Chief Land Management adviser Sam Durham welcomed the progress, adding that many farmers have been left with claims for rights of way “hanging over them for long periods, which significantly impacts the farm business”.
Next steps
Defra is proposing to complete the reforms in the following order:
- Right to Apply
- Definitive Map Modification Orders reforms
- Exceptions
Right to Apply and the DMMO reforms can have an immediate impact, and the NFU understands that Defra plans to introduce Right to Apply and then the DMMO reforms in 2024, with the Exceptions coming into force in 2025.
NFU here for you
NFU members affected by these issues can get free initial legal and professional advice from NFU CallFirst on 0370 845 8458.
Individuals who have been notified that an application has been made in relation to a route crossing their land should also consider seeking independent legal or professional advice regarding their situation.
