Tyne and Wear Joint Local Access Forum 13 October 2015
Standard Format for providing formal advice from Tyne and Wear Joint Local Access Forum
A Local Access Forum has a statutory responsibility under the Countryside and Rights of Way (CROW) Act 2000 to provide advice on Public Rights of Way and the wider issue of improving access to and enjoyment of the countryside having regard to “the desirability of conserving the natural beauty of the area “ …”including the flora, fauna, and geological and physiographical features.“
Local Access Forums have a wide remit in advising access authorities (Local Highway Authorities and National Park Authorities) and other bodies (such as Government departments, Natural England, the Forestry Commission, English Heritage, Sport England, AONB Conservation Boards, local and parish councils) on managing the public's right of access to open country and registered common land, management and improvement of public rights of way, as well as public access issues more generally within the local area.
The bodies to which it is the legal function of forums to give advice are collectively known as "section 94(4) bodies". Section 94(4) bodies are legally required to have regard to relevant advice from a forum.
When submitting advice to section 94(4) bodies, DEFRA recommend that the legal status of the forum’s advice is made clear to the recipient. This can be achieved by including a statement to the effect that:
This letter constitutes formal advice from the [ insert name of forum ]
The [Insert name of relevant section 94(4) body ] is required, in accordance with section 94(5) of the Countryside and Rights of Way Act 2000, to have regard to relevant advice from this forum in carrying out its function.
A proposed standard format letter is attached. Letters will be written on behalf of the Joint Local Access Forum signed if possible by the Chair or Vice Chair. If the advice is of a more localised issue or point of detail, any Member may sign on behalf of the JLAF.
When emailing, a similar approach should be used, or preferably a standard format letter should be included as an attachment. Likewise, when telephoning or meeting with representatives of S94(4) bodies, it will be important to clarify the legal status and remit of the Tyne and Wear Joint local Access Forum and the requirement for the recipient to have regard to the advice provided on behalf of the forum.
The Tyne and Wear Joint Local Access Forum is asked to agree this paper and the attached standard format letter for future use.