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Unrecorded or vanishing paths ... a pilot scheme

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Project Summary

The law has been changed to enable the stopping up permanently of all pre-1949 public paths unless they are formally on the 'definitive' map by a given date.

A local-initiative pilot scheme to help determine the resources needed to meet the deadline has been set up.

The main aim is to establish the approximate magnitude of the work needed locally and nationally to get these paths on the map in time and to explore ways of achieving the recording of these paths before the deadline.

Also of course to actually record them.

This pilot scheme concentrates on paths that are in everyday use but not yet on the definitive map. We are also noting any unrecorded paths that we come across that have become disused due to whatever reason, but there is national funding to discover these and they are not our priority.

The work complements the DEFRA / Countryside Agency work on Lost Ways rather than duplicating it.

 


This public path is unrecorded, despite the waymark.
If not recorded it would very likely cease to be a public path on the Statutory date.

Confusion in High Places        Added Nov/Dec 2006  

Defra and Natural England (formerly Countryside Agency) have now accepted that some of the Frequently Asked Questions on the Natural England web site were wrong and they withdrew them with the promise of uploading some corrections in October, subsequently revised to "in November" which was not achieved either. Meanwhile a convoluted phone/e-mail discussion has taken place which points at present to a lack of clarity unworthy of a Government Office.

But more importantly
The background is that the Government is doing virtually nothing to discover those lost ways that are actually more unrecorded than lost, that is they are in everyday use, not physically lost at all and simply not yet recorded. The law draws no distinction between these two types of unrecorded path, if they are not on the map by 2026, and they were in fact paths at the start of 1949, then they will be extinguished, gone, vanished etc....

The government has in effect said: "Don't worry folks, it won't apply to paths that you might claim on the basis of long term use". That is over simplistic at best, more likely downright wrong.

 

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