14 February 2014
Defra have completed a review of Schedule 14 appeal process and issued their findings to the Planning Inspectorate in the form of a letter dated 13 February 2014 to Annie Owen, the Rights of way Section Manager.
The key findings of that review are as follows:
In light of the outcome of this policy review, our Schedule 14 Appeal Guidance has been amended.
7 January 2014
This Advice Note contains information about the conduct of site visits. As much of the information in this Note is already contained in our Guidance Booklet, we have decided to withdraw it. In due course a small amendment will be made to the Booklet to ensure it is as comprehensive as possible.
Amendments have been made to the following sections:
Sections 1-3 (Introduction/Putting the Guidelines in practice/Case law Section 5 (Dedication/User Evidence) Sections 8-9 (Tithe maps/Turnpikes) Section 11 (Finance Act (Part 1 only))
Advice Note 4 has been withdrawn as the contents have been added to Section 2 of the Guidelines (paragraphs 2.24 to 2.30 of the Consistency Guidelines refer)
26 June 2013
This note, which provides advice on the definition of a Byway Open to All Traffic, has been updated."
A small amendment has been made to paragraph 4.16
Amendments have been made to the following Advice Notes:
|1||Conduct of inquiries and hearings into rights of way orders where the order making authorities do not actively support an order|
|3||- Introduction of case law by the parties to an order
- Legal submissions at inquiries
- Consideration of new evidence by Inspectors in rights of way order decisions
|4||Advice on the definition of a “cross road”|
|5||Definitive Map and Definitive Statement - precedence|
|6||The Sunningwell judgement and meaning of “as of right”|
|11||- The meaning of “private carriage road”
- Dunlop v Secretary of State for the Environment
|12||- Wildlife and Countryside Act 1981 – vehicles and rights of way
- Bakewell Management Limited v Brandwood
- Stevens v Secretary of State for the Environment
|14||Legal memory – the evidential value of ancient documents|
|20||Inspector’s power to modify definitive map modification orders|
|21||Procedural irregularities in respect of definitive map modification orders|
|22||Use of correct notation on definitive map modification orders and public path orders|
We are in the process of reviewing the remaining Advice Notes and expect to make amendments to Advice Notes 8, 10 and 19 in due course.
Amendments have been made to the following sections:
|4||Wildlife and Countryside Act 1981 and the Definitive Map and Statement|
|6||Highway Records and related documents|
|10||Railway and Canal deposited documents|
The remaining sections are currently being reviewed. Amended versions will be issued in due course.
A revised version of the above guidance booklet has been prepared and is available to download. It supersedes all earlier versions. The main changes of note are as follows:
- paragraphs 2.16, 5.16 and 5.17 relating to legal submissions
- paragraph 4.17 regarding proofs of evidence
- paragraph 4.28 regarding closing statements
- paragraph 5.4 submission of revised or new evidence at a hearing or inquiry.
Authorities are asked to refer to this revised checklist when preparing to submit orders to the Planning Inspectorate. This version contains additional notes for information."
14 March 2013
An additional note of helpful hints when submitting Orders to PINS.
26 November 2012
This has been amended to include a new final paragraph regarding the failure to remove a Foot and Mouth notice and 'bringing into question'.
A revised version of the Consistency Guidelines has been prepared and is now available to download. All the amendments relate to Section 5. The main changes of note are as follows:
- the addition of a number of judgments under 'Case Law'
- amended text in paragraph 5.4
- re-write of the section relating to sufficiency (paragraphs 5.9 to 5.16)
- a new paragraph (5.41) under 'User Evidence'
- re-write of the section relating to 'Use by vehicles' (paragraphs 5.51 to 5.55)
- re-write of the section on Crown Land (paragraph 5.56 - 5.61)
- amendment of paragraph 5.62 relating to Common Land
- a new paragraph (5.64) relating to land in management agreement with Natural England.
We have received 2 letters from Defra concerning Bringing into Question and Section 69 of the NERC Act 2006 and Modification of LEMO part of Combined Orders.
This Advice Note has been amended so as to refer to legal submissions in the context of inquiries, hearings and written representations. In respect of inquiries and hearings, it makes clear that legal submissions should be included in the statement of case where possible
A revised version of the above guidance booklet has been prepared and is available to download. It supersedes all earlier versions.
This Advice Note consolidates the information contained in our letter to authorities dated 7 September 2011 (see below). It also addresses the many queries we received from authorities as a result. It also confirms the notation to be used in the case of a combined order.
Please see the attached letter which has been sent to all authorities in England concerning the use of the correct notation on order maps.
A revised version of the above guidance booklet has now been prepared (July 2011) and is available to download. It supersedes all earlier versions.
19 May 2011
At every inquiry and hearing we ask those persons attending to provide limited personal contact information to help us with the efficient running of the inquiry/hearing. Completion of the form is voluntary.
This form has recently been revised so that it no longer asks those attending whether they wish to be sent a copy of the decision. The form simply advises that all decisions will be published on the Planning Portal site at www.planningportal.gov.uk/pcs. However we will continue to send a copy the decision to all the parties to an order including those who appear and give evidence and to anyone else who requests one.
To locate our rights of way decisions from the above link, you will need to select the 'Countryside, Access and Environmental Casework' option on the right-hand side of the page. From there you can access the main Rights of Way pages and then our 'Online Rights of Way Cases'. You can then either click on the link to view a list of published order decisions in date order or search for the Order Making Authority using the alphabetical list.
20 April 2011
These leaflets have been updated so that they are relevant to all decisions issued by Rights of Way Inspectors.
20 April 2011
Following the transfer of Rights of Way information to the Planning Portal, we have updated the hyperlinks in all our guidance documents.