My Lords, I support Amendment 19 concerning the time limit. We live in a very crowded island and I believe that England is the fifth most densely populated country in the world. There is huge competition for land use across a wide spectrum of activities, and the planning system is a very obvious example of where the use of land is
democratically decided upon. It seems to me that the simplest way to avoid disputes is to have certainty and a clear decision-making process that adjudicates clearly and fairly with clear time limits so that everyone knows where they stand as soon as possible.
The whole point about a Section 31 deposit of a map and statement by a farmer is to create certainty so that the householder, the farmer or the landowner and the public know what is permissible and what is not. With a Section 31 deposit there is usually a conversation between the farmer and the highway authority. The local highway authority agrees the deposit of the maps, so the farmer and the highway authority are in agreement in saying, “This is the situation regarding rights of way on this land”. That clarity is really important to all concerned, including the general public.
A Section 31 deposit is also really important to landowners, among whom I include myself and the son of the noble Lord, Lord Plumb. I welcome most people on to my land. There are people who walk all over it, and kids cycle across the fields and go into the woods. In fact, I get into trouble because they tend to cycle around badger setts, which brings somebody in authority down on my head for allowing that to happen. I am very happy to allow local people to use the land. Sometimes I have to interfere and say, “Thou shall not do this or that”, but on the whole I am very relaxed about it. I am happy to do that provided they are not creating a statutory right—that is, getting rights that are going to infringe any future use of that land because they are establishing rights of way. That is a really important factor. If people can come along and contest a Section 31 deposit of a map and statement several years afterwards, that is completely wrong, and I think that the general public and the walking public will suffer as a result. It may be that a one-year time limit before anyone can object is too short. I would probably have gone for two or maybe even three years. However, it is important that we have some time limit in this whole area.
The other amendment in this group to which I want to refer is Amendment 22. I had slight sympathy for Amendment 20, concerning costs being made against spurious claims, but it is almost impossible for an applicant to know in advance whether their claim is spurious. Therefore, the way to deal with it is to ensure that the proposed statements are true. That is a very good idea. I do not believe that the minor cost involved is a good reason to bypass this reasonable check on a process. The statement needs to be treated as though it has been made in a court of law, even if in reality it has been garnered around a kitchen table in a very relaxed atmosphere with, quite likely, the witness being led in a very unbarrister-like manner by whichever side happens to be taking the statement. It could be being taken on behalf of the Ramblers or on behalf of the landowner, but having to sign a statement of truth is sufficient to ensure that it is the whole truth and nothing but the truth. That would be a very good thing.