HL Deb 10 July 1991 vol 530 cc90-1WA
Lord Denning

asked Her Majesty's Government:

Whether the Secretary of State for the Environment gives legal advice to the County Councils and to his inspectors on the interpretation of Section 53(3)(c)(ii) and Section 54(3) of the Wildlife and Countryside Act 1981; and whether he advises them that, if documentary evidence from old maps in the County Record Office shows a way to have been an ancient vehicular way, then the latest definitive map is to be modified so as to show it in future to be a "byway open to all traffic", notwithstanding that it was previously entered therein as a "footpath" or otherwise, and that its use in modern times by motor traffic would be injurious to the amenities and a nuisance to walkers, and whether he and they act on that interpretation.

Baroness Blatch

Advice on the interpretation of Sections 53 and 54 of the Wildlife and Countryside Act 1981 is contained in Circular 1/83. Guidance notes on the interpretation of documentary evidence, with particular reference to inclosure awards, have been prepared by the Department of the Environment and are available to inspectors, county councils and the public. The Act makes it clear that the purpose of definitive maps is to provide an accurate legal record of the public's rights on footpaths, bridleways and byways open to all traffic. Separate powers exist for the management of use or rights of way, including control or prohibition of motor traffic where this would be injurious to amenities or to other users.