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BADFA's Year 2008 News  
For reports of our recent walks see Recent Walks    
For news from other years use News Index

# Borehamwood paths (probably) saved
# Defra sends letter
# Recommendations for the way forward published
# Natural England advises Defra on Lost Ways
 
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Borehamwood paths probably saved - and more
15 April 2008


The yellow dots are the route BADFA followed on our November 2007 walk

The paths in the darker land in the middle of the above picture appear to have been saved. BADFA had advised some local people many years ago on how to claim these paths. The issue was which ones to claim and we advised that they look at the 1973, 1982 and 1990 air photos to see which paths were used throughout the period and to claim those. But now a different and better way has been found of saving these paths. The whole of the dark area in the middle was claimed by some local people as Village Green. The inspector has now recommended in favour and unless there is a legal challenge not only can all the paths be walked, but the whole area. And an enormous plus is that building will not be allowed on the area at all, thus keeping a green lung for this rather heavily built-up area of Borehamwood.


This sign was close to the side of the road during our November 2007 walk. It was a very offensive sign, not only was it very likely on the roadside verge but it purported to deny the existence of the definitive public path on the land.

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Defra sends letter
16 March 2008

Dave Waterman head of Defra's Recreation and Access Policy, has responded rapidly to Natural England's request to put the activation of the dreaded 2026 cut-off date on hold, at least until the review is complete (see 15th March, below). But user groups are pressing for the enabling clauses in the 2000 Act to be repealed, not just 'held'.
The letter, which simply states that the enabling Statutory Instrument will not be pursued "at least until the stakeholder group has reported to Defra..." seems at one level pretty superfluous, but at another rather worrying. We would have much preferred a confidence boosting commitment to repeal. As it is, it remains a sword hanging over us.
Copy of the letter is here.

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Natural England
publishes recommendations
15 March 2008

Unrecorded Ways are are last recognised by Natural England, and not just 'Lost' ways. That has take years of nagging by various groups, including BADFA, to ensure the penny has finally dropped. They now acknowledge both the unrecorded countryside paths that are not 'lost' at all, as well as the urban alleyways.


An example of a well used not-lost-yet 'Lost Way' given in the report

Today they published a report on the outcome of their review. It is available in full with the covering email in PDF form here.

BADFA chairman, Chris Beney, took part in some of the 'workshops' at Cheltenham in 2007 which led to this report and we are pleased to see some of our input showing through. They state their intention to consult quite widely on the next stage. Simplifying the path recording process and taking account of needs and desires, which is the general thrust of the proposals, needs very careful handling if it is not to result in a disaster for our paths. Incorporating a general requirement for overall public gain from all path changes, and addressing the issues of the status of the List of Streets, which is currently so different from the Definitive Map in effect, are listed as probably needing further investigation. Done well, we might all gain.
 

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Natural England advises Defra on Lost Ways
22 February 2008

Natural England has given advice to Defra on Lost Ways, the project to try to find all unrecorded paths before the day when they would otherwise be permanently stopped up.

Their board meeting on 13th February approved a recommended change of direction. It will, as we expected, involve some rights of way legislation. But it says nothing of the nature of that. That could mean disaster, but they promise consultation with stakeholders, which includes user groups, so a good outcome is just possible.

In summary, the proposed way forward would see Natural England:

  • Progressing from its current role of researching and claiming individual lost ways to providing advice and guidance to those that wish to do so at their own initiative;
     
  • Facilitating a fundamental review of the legislation and current processes that underpin the provision of access;
     
  • Working with stakeholders on the review;
     
  • Building on and encouraging further progress with the Rights of Way Improvement Plans (ROWIPs) prepared by local Highway Authorities; and
     
  • Seeking to invest the money saved on the current DLW project approach to deliver this work.
  • The proposed approach has been developed in liaison with Defra officials, who have indicated that they are broadly comfortable with it. Natural England is currently notifying Defra Ministers of their proposed way forward and anticipate that Ministers will respond by mid-February (which is odd since they only approved the paper on 13th Feb).

    In anticipation of a favourable response, Natural England say that by the end of March they will have drafted the guidance on research standards and on quality routes. They say they will also have drafted the terms of reference and a timetable for the fundamental review and agreed with Defra and CCW whether the Rights of Way Review Committee should be asked to oversee that review.

    We shall see, the devil is in the detail.


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