§ The Minister for Rural Affairs (Alun Michael)I am pleased to announce that on 16 November The Countryside and Rights of Way Act 2000 (Commencement No.2) Order 2002 (S.I. 2002/2833)(C.89), was made bringing into force the rights of way improvement planning provisions in sections 60 to 62 of the Countryside and Rights of Way Act 2000 on 21 November 2002. We are now publishing the guidance to local highway authorities on planning improvements to their rights of way network, which takes account of responses to the consultation paper that we issued at the end of last year. The guidance is being sent out to all local authorities in England.
The guidance clarifies the new duty on local authorities to make a strategic and forward-looking assessment of their rights of way network, thinking about how any shortcomings might be overcome by making use of the powers they already have. This new 47WS approach will be of particular use in those areas that are tourist destinations, where the local economy is heavily dependent on the income that visitors bring. However, last year's foot-and-mouth outbreak showed just how important public rights of way are to rural businesses and communities generally.
Access is also important to local people. Expanding our public rights of way network and improving access brings great health benefits. The changes don't have to be major. Sometimes the creation of a short connecting path is all that is necessary to provide a useful local cut through, to provide access to a local beauty spot, or to make the final link in a circular walk.
Nor is it just about walkers. The rights of way network also provides access to the countryside for other types of users, and the planning process should look at how well they are catered for. One major aim is to increase provision for horse riders, carriage drivers and cyclists. We also want to increase access for those who cannot easily use all the current paths, particularly those with mobility problems and the blind or partially sighted.
Some local authorities do an excellent job of maintaining and promoting their local footpaths but I know that there is concern that some local authorities fail to fulfil their existing duties and may be slow to plan for and implement their rights of way improvements. There are a number of ways in which we are trying to address these issues.
First, we have given local authorities extra resources for the new obligations under the Countryside and Rights of Way Act 2002 and I wrote to every local authority in England to remind them that the resources are there in the local government support grant. It is for local authorities to achieve the intended outcome.
Secondly, we are sponsoring the Countryside Agency to work with eight authorities, one from each region of England, to provide exemplar planning between October 2002 and October 2003. This will help to develop good practice and the lessons learned will be disseminated to other authorities at regular intervals. It is intended that this exemplar planning will demonstrate the value of planning to improve the network for people of all levels of interest, ability and experience.
Finally, we want to achieve the long-term sustainability of the network while reducing the number of separate planning requirements. This is in line with the Government's wish to give local authorities additional freedoms and flexibilities. Rights of way improvement planning will therefore be incorporated into the local transport planning process from 2005 onwards, when the next 5-year Local Transport Plans are due to be produced. In this way we intend to ensure that the full importance of the rights of way is stressed in the light of the contribution it can make to transport, recreation and health. This will encourage a focused and joined up approach by local authorities. It is envisaged that rights of way improvement planning will be a distinct strand within the new Local Transport Plans. The revised Guidance on Full Local Transport Plans(planned for 2004) will cover this point.
48WSIn the meantime, local highway authorities should use the new guidance, being published tomorrow, to plan effective improvements to their rights of way network in line with their new duty. Under the provisions of section 60 to 62 of the Countryside and Rights of Way Act 2000, local highway authorities are required by law to prepare the first rights of way improvement plans within five years. We suggest that local highway authorities prepare them earlier than this if possible. Indeed, it is encouraging to know that many authorities have already started on the planning process. This work will make a positive difference and will be every bit as valid after rights of way improvement planning is incorporated into the local transport planning process
A copy of the commencement order and statutory guidance have been placed in the House of Commons Library. Further information can be found on the Department's website at http://www.defra.gov.uk/wildlife-countryside/index.htm. A copy of the summary of the responses to the consultation exercise earlier this year is also on the website.