DEFRA Analysis of Responses – consultation on Diversions of Rights of Way

Last year the Department for Environment, Food and rural Affairs (Defra) undertook a consultation on the Government’s proposed approach to implementing the provisions in Schedule 6 of the Countryside and Rights of Way Act 2000 that insert new sections 1119D, 119E, 135A and 135B in the highways Act of 1980.

Sections 119D and 119E will enable a local highway authority to divert a public right of way to protect a site of special scientific interest (SSSI). Sections 135A and 135B will enable a land owner or occupier to temporarily divert a right of way across their land to enable dangerous works to take place.

In response  to the comments received the Government has decided to:

 

SSSI diversions

  • Revise Form 1 (the notification by Natural England of its intention to apply for a SSI diversion order);
  • Prepare a short non-statutory guidance note which Natural England will send with From 1 setting out the procedure following notification. This will incorporate information about compensation and opportunities for representations in the order making process;
  • Not require Natural England to send From 1 to any additional persons;
  • Issue non-statutory guidance to Natural England which will, amongst other things, set out the range of people and organisations that Natural England should consider consulting before making an application;
  • Substantially revise Form 2 (the application from Natural England to the Local highway Authority requesting a diversion);
  • Follow the established form the orders and notices in existing regulations for the making and confirmation of SSSI diversion orders:

Temporary diversions for dangerous works

  • Consider, and consult further as necessary on implementation before announcing how the Government proposes to implement this power. A further document will be published at a later date setting out how we intend to proceed with implementation of these provisions;

Commencement

  • Commence the SSSI diversion provisions shortly;
  • Seek to commence the temporary diversions for dangerwous works in April 2007.

A details analysis of the responses can be viewed o bte DEFRA website at: http://www.defra.gov.uk/corporate/consult/rightsofway-diversions/index.htm

K. Lee-Bpty
Rights of Way Policy Branch

DEFRA


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