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An Introduction to
Discovering LostWays
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What, why and how ?
What is the project about ? looking for existing rights of way not officially recorded
- we are not creating new ones or resolving Definitivemap errors.
Why are we doing it ? to improve access to the countryside through a better
rights of way network, providing certainty for users andlandowners
How are we undertaking the work ? through submitting well researched claims from historic
documents, for Highway Authority decision
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The 2026 cut-off date
Countryside and Rights of Way Act 2000:Footpaths and bridleways (and higher rights) that havenot been claimed by 1 st January 2026 will beextinguished.*
Unrecorded higher rights that apply to a definitivefootpath, bridleway or restricted byway will also beextinguished.
* Provisions in the Natural Environment and Rural Communities Act will (with very fewexceptions) prevent any further claims for Byways Open to All Traffic being made.Evidence of vehicular rights found by DLW will be submitted as claims for restrictedbyways .
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How the Agency is involved
Government asked the Agency to establishan effective process to identify historic rightsof way before the cut-off date of 2026.
Research commissioned in 2001suggestedthere might be some 20,000 lost ways inEngland covering 14,000km.
Insufficient capacity amongst volunteerresearchers to complete the task in time.
Needed a dedicated Archive Research Unit.
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The Archive Research Unit
A team of researchers set up undercontract with LandAspects.
Adopting a systematic approach toexamining the key historic documents.Working to agreed Research Standards.
Preparing case files of evidence forsubmission to the Agency.
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The Historic 39 Counties of England
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Applicationdevelopment
Caseevaluation
Outputs
Countyselection
Introductoryworkshops
Preliminaryassessment
Stage plan
County researchplan
Archive workingarrangements
Basemap forresearchers
Initial list of targetpaths
Revised basemapincorporatingadditional targetpaths
Catalogue ofevidence for cases
Documentcatalogue
Case files forstrong cases
Evidence Reportsfor inconclusive/ weak) cases
Researchsummary
Identification oftarget paths at the
outsetAnalysis of local
authority records andgap analysis
Review of basemapwith local authority
Source-led in phases1 & 2 and confirmation inphase 3
Revised document
sequencePossible inclusion of
HOL Record Office
Review of new casesbetween researchstages
Possible districtapproach
Overall evaluationof evidence
Identify strong,inconclusive & weakcases
Feedback tostakeholders
Key Changes
Workshop with localexperts
1:1 liaison with allaffected authorities
Discussion with localarchives
Longerlead time
Documentaryresearch
Basemapdevelopment
Establisharchive working
arrangements
Local scoping& planning
Stagestart-up
Summary of the research methodG
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County Research Plan
Scoping exercise to develop each County Research Plan
Discussions with local RoW officers and researchers / experts;
Identification of sources;
Basemap options;
Document cataloguing;
Definitive Map history
Previous research
Record Offices working arrangements
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Basemap will also show target paths
Definitive Rights of Way
List of Streets data
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Documentary research undertaken inphases with built in review stages
Principal Sources
Enclosure Awards
Tithe Award
Finance Act MapsEstate Plans
(possible review point)
Deposited Railway Documents
Deposited Canal Documents
Turnpike Records
(possible review point)
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OS Old Series 1 OS County Series 1 & 2 maps (inc Object Books & Books ofReference)
Non OS Commercial MapsFinance Act Field BooksHandover MapsQuarter Sessions
Checking supplementary sources
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National Programme
Lead phase2005/06
First wave2006/07
Completion offirst wave
2007/082nd & 3rd tranche
2009/12
Cheshire, Wiltshire, Shropshire &Dorset
Lancashire, Nottinghamshire,
Lincolnshire, Cornwall, Cumberland,Westmorland
29 counties order tbc
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ARU work programme
Research completed in Cheshire and Wiltshireand under review.
Testing case file production in 10 Cheshire
parishes during April 06. Roll out of case file production across Cheshire
and Wiltshire from June 06.
Resume research in Shropshire and Dorset inJune / July 06.
Begin research Lancs and Notts early in 2007
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Our approach to claims
The Agency/Natural England will be the applicant forDLW DMMOs, submitted to each relevant highwayauthority.A paper will go to the Agency Board in May settingout our recommendations for a claiming policy.
Looking further at developing a framework forprioritising those that bring most benefit to thenetwork.Its for the Surveying Highway Authority to decide
how to process the claims . we will be as helpful aspossible in the way we research and submitapplications.
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Prioritisation of claims
Depending on what we find . priorities maybe developed with local authorities.
We would encourage local authorities toconsult locally, e.g. with LAFs, ROWIPs
DLW will help authorities deal with any backlogof claims.
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Accreditation
So that local authorities are less likely to have to double checkevidence.
We are working up our methodology and research
standards.Its important that local authorities have confidence in theDLW approach.
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The Countryside Agency team:Strategic Policy / Claims
Jill Hobbs John Bailey
Research
Gavin Stark Karen Larkin
Adrian Parry (s)
Contract support
Pam Vines
Paula Holt
Communications / Liaison
Amanda Earnshaw Ellie Stevenson
Sue Shipston
Sarah Stone Ben Nichols
Programme Management
Eleanor Brown Rachel Spry
Sarah James (s)
(s) = secondee
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Contact us 0845 60 50 [email protected]
Discovering Lost Ways
PO Box 725
BelfastBT1 3YL
www.countryside.gov.uk/dlw