HC Deb 30 July 1981 vol 9 cc1276-81

'(1) For section 51 of the 1949 Act there shall be substituted the following section:— 51. (1) A long distance route is a route made up of public rights of way and other highways which for the whole or greater part of its length does not pass along roads mainly used by motor vehicles and over which extensive journeys on foot, on horseback or on bicycle may be made by the public.

(2) It shall be the duty of the Commission to consider what long distance routes should be designated for the enjoyment of the public and to make and submit to the Secretary of State orders designating such routes, hereinafter referred to as 'long distance route orders'.

(3) A long distance route order shall contain a map, on such a scale as may be prescribed by the Secretary of State, showing the proposed route, and defining those parts thereof over which there exists a public right of way, and indicating in each case the nature of that right, and shall be accompanied by a report prepared by the Commission setting out such proposals as the Commission may think fit—

  1. (a) for the maintenance or improvement of any public right of way along which the route passes;
  2. (b) for the provision and operation of ferries where they are needed for completing the route;
  3. (c) for the provision of accommodation, meals and refreshments along the route;
  4. (d) for the restriction of motor traffic on existing highways along which the route passes;
and containing an estimate, in such form as the Secretary of State may require, of the capital outlay likely to be incurred in carrying out any such proposals contained therein as are listed above or of creating such new public paths as may be required, of the annual cost of maintaining any existing public paths or byways open to all traffic along which the route passes and any new public paths provided for by orders made under subsection (6) of this section, and of the annual expenditure likely to be incurred by local authorities in connection with the provision and operation of ferries, and the provision of accommodation, meals and refreshments, so far as those matters are provided for by the proposals.

(4) Before a long distance route order is submitted to the Secretary of State for confirmation, the Commission shall give notice in the prescribed form stating that it has been made and requires confirmation by the Secretary of State, naming places in the locality of the proposed route where copies of the order, the map referred to therein and the accompanying report may be inspected free of charge at all reasonable hours and purchased and specifying the time (not being less than fifty-six days from the date of publication or service of the notice) within which, and the manner in which, representations or objections with respect to the order and representations with respect to the proposals contained in the report may be made.

(5) Notice under subsection (4) above shall be given—

  1. (a) by publication in at least one local newspaper circulating in the area of each district or London borough council whose area includes any of the land to which the order relates;
  2. (b) by serving a copy of the notice, together with copies of the order and of the report, to—
    1. (i) every local authority whose area includes any of the land to which the order relates;
    2. (ii) such other bodies as may be prescribed or as the Commission may consider appropriate;
  3. (c) by sending to every owner and occupier of any land to which the order relates a copy of the notice together with sufficient other information as to identify the line of the proposed route across that land;
  4. (d) by serving on the council of every parish or community on the proposed route, or the parish meeting of any such parish not having a separate parish council, a copy of the notice together with details of the proposed route in that parish or community;
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  5. (e) by placing a copy of the notice and of a map showing the route as whole in a prominent position at council offices in the locality of the land to which the order relates.

(6) Where a long distance route order proposes the establishment of a route over land over which there is no public right of way, the Commission shall make such public path creation orders as may be necessary for the provision of such public paths as may be required, and for this purpose only the Commission shall have power to act under section 26 of the Highways Act 1980 as if it were a local authority within the meaning of that section.

(7) Notice of any public path creation orders made by the Commission under subsection (6) above shall be given at the same time as notice is given under subsections (4) and (5) above of the corresponding long distances route order, and the time within which objections or representations with respect to the public path creation order may be made shall not expire before the closing date for objections and representations to the long distance route order.

(8) Before making a long distance route order or a public path creation order, and before preparing a report to accompany a long distance route order, the Commission shall consult every local authority through whose area the route passes and it shall be the duty of every such authority to furnish to the Commission such information as the Commission may require for the purposes of the order or report.".

(2) For section 52 of the 1949 Act there shall be substituted the following section:— 52 (1) If no representations or objections are duly made to a long distance route order, or if any so made are withdrawn, the Secretary of State may, if he thinks fit, confirm the order with or without modifications.

(2) If any representation or objection duly made is not withdrawn, the Minister shall, before confirming the order, if the objection is made by a local authority cause a local inquiry to be held and in any other case either—

  1. (a) cause a local inquiry to be held, or
  2. (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order with or without modifications.

(3) Notwithstanding anything in subsections (1) and (2) above, the Secretary of State shall not confirm an order so as to affect land not affected by the order as submitted to him except after—

  1. (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days) within which and the manner in which representations or objections to the proposal may be made;
  2. (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose; and
  3. (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be.

(4) Any inquiry or hearing heard under subsections (2) or (3) above may also hear objections or representations with respect to any public path creation order made by the Commission under section 51 or where the Secretary of State proposes to modify a long distance route order, any draft public path creation order prepared by him to give effect to the proposed modification, and may, if the Secretary of State so determines, consider any representations made with respect to the report prepared by the Commission under subsection (3) of section 51.

(5) As soon as may be after a long distance route order has been confirmed by the Secretary of State, the Commission shall give notice in the prescribed form stating that it has been confirmed and naming a place where a copy thereof as confirmed may be inspected at all reasonable hours.

(6) Notice of confirmation of an order under subsection (5) shall be given in the same manner as notice of the making of an order under section 51(4).

(7) Paragraphs 8 and 10 of the First Schedule to this Act shall apply to long distance route orders as if they were orders to which Parts I and II of that Schedule relates.

(8) Where the Secretary of State confirms a long distance route order, he shall also approve, with or without modifications, the proposals contained in the report accompanying the order, and such approved proposals are hereinafter referred to as 'approved proposals relating to a long distance route'.".

(3) For section 55 of the 1949 Act there shall be substituted the following section— 55.—(1) Where it appears to the Commission desirable that a long distance route order as confirmed by the Secretary of State should be varied they may make and submit to the Secretary of State an order varying the long distance route order, and such an order is hereinafter referred to as a 'long distance route variation order'.

(2) Subsections (3) to (8) of section 51 and section 52 shall apply to long distance route variation orders as they apply to long distance route orders, and any revised proposals relating to the route which are approved by the Secretary of State as a consequence of confirmation of a long distance route variation order shall be deemed to form part of the approved proposals relating to the route for the purposes of sections 53 and 54."

(4) After section 55 of the 1949 Act there shall be inserted the following section '— (55A) In sections 51 and 52, 'local authority' means a county council, the Greater London Council, the council of a district or London borough, the Common Council and a joint planning board 'prescribed' means prescribed by regulations made by the Secretary of State.".'.—[Mr. Andrew, F. Bennett.]

Brought up, and read the First time.

Mr. Andrew F. Bennett

I beg to move, That the clause be read a Second time.

There are considerable problems for those concerned about part III of the Bill. It is clear that their views have been given less time for consideration than many other matters. It is only fair to those outside the House who spent a great deal of time making representations that I should spend a little time discussing the new clause.

I appreciate that many hon. Members feel that we have already spent a long time on the Bill. However, most of them have a considerable number of walkers and ramblers in their constituencies. They should be prepared to spend some time on the matter. I could easily reduce the time if the Minister said now that he would accept the new clause.

We must consider the whole question of long distance footpaths. With the opening of the Pennine Way, the idea of long distance walking, with people following a route for a week or a fortnight, has developed as a popular way of spending leisure time. The Pennine Way is an attractive route to follow either at one go or part by part. In spite of its tremendous success, and that of other routes such as the Offa's Dyke route, routes around the North Yorkshire moors and routes along the North and South Downs, there have been many problems with their establishment. It is a sad reflection that, although the route around the Somerset and North Devon coast was approved in January 1961 and officially opened in 1978, there are many sections where it is virtually impossible to follow the route that offers the full attractions that were intended when it was first designated.

The new clause sets out a new procedure for designating long distance routes that would ensure that all the problems were taken into account at the point at which the routes were designated. That is preferable to having a route approved in principle and then fighting over each inch of the way for individual approval, and often finding that instead of the route following the most attractive course it has to divert on to a roadway or follow footpaths that have far less attraction than the route warrants.

There is a need for the designation of many more long distance routes. We should be considering an effective procedure that ensures that from the point at which the principle is agreed there is an opportunity for all those concerned either to make representations in favour of the route or to oppose it if they feel that it may cause them problems if it passes over their land. The new clause sets out a method to do that which would avoid all the snags that occurred with many of the existing routes. It is appalling that routes designated 15 or 20 years ago have not yet been brought to fulfilment. We need a major advance in that area.

I was disappointed by the Minister's reply to new clause 24. I hope that there will be more sympathy for this new clause. Perhaps there could be more progress on some of the routes that have been designated but, in practice, still cannot be walked. Best of all would be an acceptance of the new clause.

Mr. Monro

I listened carefully to the remarks of the hon. Member for Stockport, North (Mr. Bennett). The new clause proposes radical changes to the current procedure for long distance routes. It requires the Countryside Commission to make creation orders for sections of proposed routes where no public rights of way currently exist before the Secretary of State has considered the merits of the route as a whole. It also requires new routes and all variations to existing routes to be subject to an order-making procedure involving public advertisements and the holding of public inquiries or hearings if any objections or representations are made and not withdrawn. We do not believe that such radical changes involving increased bureaucracy are necessary. Most variations to existing routes are made following consultation and agreement by the Countryside Commission with interested parties. It is better to secure rights of way by agreement and to use creation orders only as a last resort when negotiations have failed rather than to use such orders as the standard procedure.

One of the provisions of the new clause is that creation orders for new sections of long distance routes would be made by the Countryside Commission and not by local authorities. We recognise that where it does not prove possible to obtain agreement on the creation of a new section of route local authorities may be reluctant to proceed with a creation order. We are not dependent on local authorities being willing to make such an order. The Secretary of State has powers to make creation orders under section 26(2) of the Highways Act 1980 and the Department has already indicated that it will be willing to use these powers in appropriate cases.

Mr. Andrew F. Bennett

Does the Minister know how many times the powers have been used?

Mr. Monro

I cannot answer that question off the top of my head.

We are not satisfied that it is necessary for the commission to be given such powers. Several years ago the commission proposed that new legislation should be introduced to provide a quicker process for the creation of long distance routes. The Department was not unsympathetic to that objective and indicated a willingness to enter into discussions on possible changes. However, I understand that the commission is reconsidering its policy on long distance routes and does not currently wish to pursue its earlier proposals for changes in procedure.

I accept that we have had great success with the two routes in Norfolk, which are known as the Peddars Way and the Norfolk coast path, as well as with the Cambrian Way. These routes are in the programme. However, it would be wrong to make this major change to a system that has been working well and by agreement, which is the important factor, wherever possible. There are an enormous number of owners to deal with throughout the entire length of long distance routes. That means that there would be the likelihood of frequent inquiries. It would be far better to proceed by agreement than to adopt the new clause. Despite the efforts of the hon. Member for Stockport, North in producing this long new clause, the present arrangements seem to be satisfactory and the Countryside Commission is quite happy with them.

Mr. Denis Howell

The Minister read what sounded like the sort of brief that I used to be given when I had the responsibilities that the hon. Gentleman is carrying out. I shall demonstrate to the House why it is a totally misplaced brief and that the hon. Gentleman's confidence in it is misplaced.

In May 1978, when I was Minister of State, Department of the Environment, I had the great privilege of opening the Somerset and North Devon coast path. That path, which I opened by walking along it for a few miles along with many hundred others, was approved in January 1961. It took 17 years to open it. However, the Minister is saying that the system is working quite satisfactorily.

Since I opened the path, some extraordinary things have been happening. It took three years for Her Majesty's Stationery Office to publish the official guidebook. The map that is contained in the guidebook shows four categories of path: the Somerset and North Devon coast path, the alternative path, a temporary path and a proposed path. The map shows five sections of alternative path, often where there is no official path or where the author of the guide has found a path that he prefers instead of the official one that I thought that I had opened three years ago. What a ludicrous state of affairs it is. It is totally unsatisfactory. What complacency it is for the Government and even the Department to ask the Minister to tell us that all is well.

11.15 pm

The situation concerning the Somerset and North Devon coast path which I have outlined is worse on some of the other long distance paths which we have been talking about. Because of time, I shall confine myself to mentioning for the record the other long distance paths where the interested organisations and large numbers of the public, particularly ramblers, believe that there should be a tremendous acceleration in the pace of making and opening such paths.

There are the Ribble Way, from the estuary to the Pennine Way in Ribblesdale, a route which follows the line of Hadrian's Wall, Peddars Way and the North Norfolk coast path from Thetford to Cromer, the extensions of the South Downs Way west of Winchester and of the Ridgeway path north-east to Cambridge and south-west to Lyme Regis to meet the South-West Way. All those are major long distance pathways still waiting to get off the ground, if I may use that expression, or waiting to be properly mapped and opened.

In those circumstances, we cannot possibly be as complacent as the Minister would like us to be. We must express our concern that the slow pace which I have outlined in some cases seems to be persisting.

Although I do not imagine that we shall press the amendment in view of the time and as there are still more important matters affecting ramblers to discuss, I assure the Minister that some of us will take early opportunities in the House to return as soon as may be to this unsatisfactory state of affairs with regard to long distance pathways.

Mr. Andrew F. Bennett

Once again, I am disappointed by the Minister's reply, particularly because he said that we were making excellent progress with Peddars Way in East Anglia, and with the Cambrian Way.

No one has yet announced the route for the Cambrian Way. From the moment the Countryside Commission puts forward the route, how long will it take before people will be able to walk it? Will it be 20 years, the time we have had to wait for the South-West coastal path? If the Minister could give us a guarantee that under existing procedures the time from which the Countryside Commission announced its proposals for the Cambrian Way to the time one could walk the whole length along the preferred route would be only five years, people would have sympathy with the Minister's point of view. However, my suspicion is that, under the existing procedures, we shall be talking in terms of another 20 years before we can have the Cambrian Way.

The Minister knows full well the amount of time that has been taken arguing about merely an access agreement to the Arans, which has gone on in Mid-Wales for about five years. That argument has been about trying to get a voluntary agreement, which has not been achieved. Therefore, it is time that the Minister had another think about major areas of footpaths to ensure that people have the long distance routes which they want, in view of the number of people who follow the Pennine Way, Offa's Dyke and many other footpaths.

Question put and negatived.

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