News
Public Rights of Way – SSSI Diversion Orders
18th June 2007
The SSSI diversion provisions in Schedule 6 to the Countryside and Rights of Way Act 2000 (CROW Act) were commenced on 21 May 2007.
Regulations have also been laid before Parliament prescribing a number of procedural matters to provide clarity on the operation of these new powers. The regulations will come into force on 1 July 2007.
The new powers enable Natural England to apply to a highway authority to divert public rights of way where the public use of the highway is causing, or continued public use is likely to cause, damage to the special interest features of a SSSI.
Natural England has stated that use of SSSI diversion orders will be as a last resort. The legislation requires that consideration is first given to the use of Traffic Regulation Orders (TROs) and additionally Natural England has agreed to explore all other options before lodging an application, including appropriate management and/or voluntary agreements. Nevertheless there may be some cases where such orders will be appropriate.
Since these orders are intended to protect SSSIs, it is essential that local highway authorities deal with any applications promptly. All of these sites are considered to be of national importance and some (over 75% by area) are also recognised as being of international importance. The Government is committed to ensuring that 95% of SSSIs are in favourable or recovering condition by 2010.
When considering an application for an SSSI diversion order authorities should have in mind their statutory duty as ‘section 28G authorities’, under the Wildlife and Countryside Act 1981 (as amended), to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of the special interest features of SSSIs.
Defra has prepared non-statutory guidance on the operation of these provisions aimed at Natural England and local authority staff.
Any questions about the legislation should be directed to Jonathan Tweney in Defra on 0117 372 8872 or email him at rights.ofway@defra.gsi.gov.uk.
The impact on the public sector is not expected to result in significant extra costs for local authorities. Cases should be few and far between and local authorities have already been funded through the local government settlement for these, and other new duties introduced by the CROW Act.
