§ Mr. RooneyTo ask the Secretary of State for the Environment, Transport and the Regions what amendments he proposes to make to the guidance on the interpretation of definitive statements in circular 2/93. [10383]
§ Mr. MeacherWe have revised the guidance in circular 2/93 which deals with the interpretation of information recorded on statements which accompany definitive maps. We have written today to the local government associations and others with an interest to advise them that paragraph 31 of the circular has been replaced with the following.
Information recorded in the definitive statement about position or width or as limitations or conditions affecting a public right of way is conclusive evidence of position, width, limitations or conditions. Information may be recorded in the definitive statement which, in practice, restricts the use of the way by those whose rights to use it are recorded on the definitive map. Where such information is not about position or width, or is not recorded as a limitation or condition, highway authorities should examine the evidence in each case in order to resolve the inconsistencies.
§ Mr. RooneyTo ask the Secretary of State for the Environment, Transport and the Regions what advice he proposes to issue on definitive maps and statements in the light of recent High Court judgments. [10384]
§ Mr. MeacherWe have been looking at the implications of a recent High Court judgment for the evidence that is required to prove that vehicular rights of way have been established through regular use. We have concluded that vehicular rights cannot be claimed through 20 years' use, under section 31 of the Highways Act 1980, if access to the route in question was prohibited by the Road Traffic Acts during any of those 20 years. The fact that people have driven along a footpath or bridleway does not mean that it has ceased to be a footpath or bridleway. Vehicle users will not be able to claim new rights of way on the basis of past use unless the landowner has dedicated a way for their use.