Cambridgeshire County Council are working on a project to restore many lost routes in the county, before the deadline of 2026 set out in the Countryside Rights of Way Act 2000 (CROW Act).

Potential Rights of Way

The ‘Lost Highways Project’ will provide definitive map officers with the opportunity to investigate potential rights of way that are not already shown on the Definitive Map and Statement.

CROW Act deadline

Sections 53 – 56 of the CROW Act require that historic public rights of way which existed prior to 1949 and are not registered on the Definitive Map and Statement will be automatically extinguished at the cut off date of 1 January 2026. 

The Council has a duty to ensure that the Definitive Map and Statement are kept up-to-date and accurate, and meet the requirements of the CROW Act. In light of this, it is aiming to restore rights of way that demonstrate public value, whilst at the same time taking into account the needs of owners and occupiers of land affected.

Finding Routes

We need to make sure that any public rights of access that might exist are not lost completely, as they represent a considerable opportunity to enhance and extend access to the countryside for the general public.

The County Council has carried out an internal audit of all known Inclosure Awards held in the County Archives, giving us a base of 300+ routes. The Council recognises that constraints on its own resources mean that it is likely that not all these routes will be fully researched by the deadline of 2026.

The Council has established a set of criteria against which routes have been prioritised, and detailed investigations into routes will generally follow that ranking (although routes will receive ‘emergency’ priority where it is believed that they may be affected by development).

The criteria have highlighted routes that:

• physically exist,
• fill gaps in the current network, 
• could offer wildlife or historic value, disabled access or an alternative to roads in residential areas.

Consultation

Representatives from the National Farmers' Union (NFU) and the Countryside and Business Landowners' Association (CLA) have met with the Lost Highways Project Officer to discuss the project.

These two organisations will be consulted on every potential route, as will the owner and occupier of each specific route where the documentary evidence shows that a public right of way probably exists. The Council will also consult parish and district councils and local and national user groups on these routes.

Objections

In order for a route to be registered as a public right of way, a Definitive Map Modification Order must be made under the Wildlife and Countryside Act 1981. Anyone will be able to object to a path once an order to register it has been made, and objections will be passed to the Planning Inspectorate for determination. 

Public Involvement

In addition to the Council’s own proactive research, it is open to any member of the public to apply for a route which they suspect to be a ‘lost highway’ to be registered, by making an application for a Definitive Map Modification Order. The application would need to be supported by evidence as to the believed public status of the route.

Anyone considering making an application may wish to speak to the Senior Map Development Officer who is overseeing this project.
The Council also welcomes any information or evidence from the public about routes which are currently being investigated.