Walkers enjoying views from Tarn Hows copyright Charlie Hedley

Landowner declarations about rights of way

Landowners and rights of way

Section 31(6) Highways Act 1980

Landowners can formally acknowledge public rights of way across their land and prevent any new paths from becoming public rights of way. This can be done under section 31(6) of the Highways Act 1980.

Where can I see declarations?

Cumbria County Council keeps a register of all current declarations within the county.  http://www.cumbria.gov.uk/roads-transport/public-transport-road-safety/countryside-access/Definitive_Map/Section_31_6_of_HA.asp

How long do declarations last?

Declarations lodged after 1 October 2013 will be valid for 20 years. Any lodged before that date will be valid for 10 years, after which the declaration needs to be renewed.

What about data protection?

It is a statutory requirement that the information must be made accessible to the public. See point 7 in our guidance notes (below) and the final page of the application form (below).

How to apply

Please send us your application if it is within the Lake District National Park.

Please read our S31 Guidance Notes and then fill out Form CA16 Application Form (Word document).

Returning the form

Please either email the completed form to  sarah.blakemore@lakedistrict.gov.uk

or by post to:

Lake District National Park Authority
Murley Moss
Oxenholme Road
Kendal LA9 7RL

Do I need to fill out Part D?

No, Part D of Form CA16 refers to Town and Village Greens and so does not need to be completed for Section 31 deposits.

Costs

Legislation provides for a reasonable fee to be charged to cover the costs of processing such deposits. Our standard fee to accompany a deposit application is shown in our application form.

For larger applications which cover a greater area, or where there are a number of distinct parcels of land, please contact Sarah Blakemore, Rights of Way & Access Assistant sarah.blakemore@lakedistrict.gov.uk to discuss costs.

Useful links

Town and village greens: how to register (opens in new window) which includes rights of way

Legislation for Statutory Instrument 2013 No. 1774 (opens in new window)