The prospect of four wheel drive vehicles using the green lanes and ancient byways of England and Wales has receded significantly, following the introduction of new regulations which make it far harder for historic rights of way to be extended to allow modern vehicular use.

The new regulations, contained in the Natural Environment and Rural Communities Act 2006 and which come into effect immediately, will be warmly welcomed by many who live and work in the countryside, according to Richard White of land agents, Strutt & Parker.

“A number of different groups are going to be absolutely delighted with this news – including landowners, conservation groups and local residents – many of whom were understandably unhappy at the prospect of noisy off-road vehicles securing a legal right over green lanes.”

“But I also suspect many county councils are going to be quietly relieved to, as the new regulations clarify the law and should make what until now has been rather a complex and protracted planning issue into a pretty straightforward one.”

The growing use of so-called Roads Used as Public Paths (RUPPs) and other historic by-ways by modern motor vehicles has been a significant problem in the countryside and in recent months has even captured the imagination of scriptwriters working on The Archers. But, following the introduction of the new regulations, David Archer should be spared any more bruising encounters with bad-tempered off-roaders.

Richard White explains. “What the new regulations do is extinguish – subject to certain exceptions – all unrecorded rights of way, so new rights of way for vehicles can no longer be claimed under the hitherto fundamental legal principal of ‘once a highway, always a highway’. It is however very important that people who access their property over RUPPs ensure that they do have a legal right of way under the exceptions – if they don’t they should take professional advice as soon as possible.”

“It does however mean that off-road campaigners will find it far harder – and in most cases impossible – to convert RUPPs to so-called Byways Open to All Traffic (BOATs) by arguing that the local authority is legally obliged to add rights of way to motor vehicles to historic and existing rights of way. If such a legal obligation ever did exist – and it was hotly disputed – it certainly doesn’t now.”

Under the new regulations, country councils preparing their definitive maps of rights of way will be able to classify historic tracks and lanes as “restricted byways”, giving a legal right of way to walkers, horse-riders, cyclists and those who wish to use them with a horse and cart or carriage. With certain exceptions, driving a motor vehicle on a restricted byway will become an offence under the Road Traffic Act 1988.