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Footpaths

Volume 923: debated on Monday 20 December 1976

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asked the Secretary of State for the Environment if he will make a statement on the consultations he has had with local authorities on the implications of the Court of Appeal's decision in Hood v Secretary of State.

There have been extensive consultations with the local authority associations about the effect of this decision. A revised draft circular has just been sent to the Associations for their comments, and I hope to issue the circular in the fairly near future.

asked the Secretary of State for the Environment what advice he gives to local authorities seeking to reclassify cart road footpaths as simple footpaths when the footpath concerned is manifestly unsuitable for wheeled vehicles and horse-drawn traffic.

The effect of the decision of the Court of Appeal in the case of Hood v. Secretary of State for the Environment which means that some roads used as public paths cannot be reclassified as footpaths may produce some anomalies. Although legally all roads used as public paths, including the non-statutory cart road footpath classification, had equestrian rights, I accept that some have proved to be unsuitable for horse riding, but I am sure that good sense will prevail with all users of public paths. In the longer term we may need to consider what, if any, revised arrangements should be introduced.