Department for Environment, Food and Rural Affairs

Access to the Open Countryside of England and Wales
The Government's Framework for Action

Foreword

Our policies include greater freedom for people to explore our open countryside. We will not, however, permit any abuse of a right to greater access."
Labour Party Manifesto, 1997

In a crowded island, we are fortunate to have some of the most beautiful landscapes to be found anywhere in the world. But through England and Wales, from mountain and moorland to heath, down and ancient common lands, some of our finest countryside has been closed to public access for centuries.

This Government promised in our manifesto that we would give people the opportunity to enjoy the open country of England and Wales. But we did not prejudge the best way of securing greater freedom. This has been an open and genuine consultation.

We have also been conscious of the need to respect the countryside. Greater freedom would become self-defeating if the landscape itself were harmed, its tranquillity eroded, and its wildlife put at risk. Nor did we want to see any damage to the economic base of rural areas.

Access to open country has been disputed for more than one hundred years. We wanted to find an answer that would last — and would take account of local circumstances, rather than impose a single solution from Westminster.

That is why we propose to create a new statutory right of access to open countryside, coupled with restrictions on how that right can be used. And it is why we are creating local access forums to bring together those with an interest — including walkers and other users, landowners and managers, and conservation interests — to discuss access issues in each locality.

Over the past fifty years a voluntary approach has delivered relatively little and, despite some commendable initiatives, there is little prospect of much new access being provided voluntarily in future. Even if a great deal more access could be secured through voluntary arrangements, the access would not be permanent and the costs would be high. Only a new statutory right will deliver cost effectively the extent and permanence of access we are seeking.

The new right will not be an unrestricted one. There will be restrictions to take account of the legitimate needs of those owning and managing the land. There will be restrictions too to take account of conservation, defence, and health and safety interests. The new right will bring with it new responsibilities for users. The right will apply to open countryside only: it is not about people walking through fields of crops or through gardens.

The new right of access on foot to open countryside will form part of a wider package of measures. As well as access forums, at both national and local level, we plan to improve the rights of way system and to develop more effective publicity and information about both new and existing access opportunities. Additional Lottery funds will be available for non-statutory measures to complement legislative changes.

We believe the Government's plans strike the right balance between delivering more and better access, and respecting other interests in the countryside. They will fulfil our manifesto commitment and bring substantial benefits to this generation and to generations to come.

Michael Meacher,
Department of the Environment, Transport and the Regions		Jon Owen Jones,
Welsh Office

The Government's Framework for Action

A) INTRODUCTION

1. In February 1998 the Government published a consultation paper, Access to the Open Countryside in England and Wales, inviting comments and ideas about how best to meet its manifesto commitment to give people greater freedom to explore open countryside.

2. The paper sought views on both statutory and voluntary approaches to achieving access to mountain, moor, heath and down, and registered common land, which in total cover an estimated 3–4.5 million acres (1.2–1.8 million hectares) or around 10% of England and Wales. It set out key criteria against which the approaches would be judged: extent, quality and permanence of access, together with cost, clarity and certainty, and monitoring and enforcement. The Government received over 2,000 responses to the consultation paper.

3. The Government undertook an analysis of the responses and consulted further with a wide range of people — in Government departments, in the relevant statutory agencies, and in organisations representing landowners, walkers and other users, and conservation interests. The Government also commissioned research to assess the costs and benefits of different approaches.

4. This document sets out the framework for Government action. It describes the key elements of the package which the Government plans to implement. Within this broad and consistent national framework, the Government wishes to allow flexibility to take account of regional and local needs and circumstances. For example, while a statutory right of access will underpin access to open countryside, the Government is keen to promote local discussion and consensus over how detailed arrangements will operate on the ground.

5. In developing the framework the Government will consult relevant statutory agencies, local government, including the national park authorities, and key non-governmental organisations. It is their expertise and experience which will help ensure effective and sensitive implementation of the package.

B) NEW STATUTORY RIGHT OF ACCESS

6. The Government plans to introduce a new statutory right of access on foot for open-air recreation to specified categories of open countryside. Legislation will be brought forward, when Parliamentary time permits, to create this right.

The land affected

7. The new statutory right will apply to mountain, moor, heath and down, subject to mapping by the Countryside Agency (Countryside Commission until 1 April 1999) and the Countryside Council for Wales, and to registered common land. The new right will not apply to developed land or to agricultural land other than that used for extensive grazing.

8. The two agencies and the Forestry Commission have been asked to report on access to other types of open country — for example, cliffs, foreshore, and woodland — so that the Government can consider the case for extending access to these areas.

Mapping

9. The Countryside Agency and Countryside Council for Wales will be responsible for producing maps showing land to which the statutory right will apply. They will produce draft maps on which they will consult widely. Production and publication of maps may be in stages.

Closures and linear restrictions

10. Legislation will give landowners discretion to close land or restrict access for a number of days each year, mainly for land management reasons such as heather burning or shooting. They will not need to apply for permission for such closures (or restrictions) but will have to notify the appropriate authority, in advance except for emergencies. A proposed annual limit for such closures or restrictions will be 28 days initially, with perhaps up to 12 of the 28 days available for closure for reasons other than land management. If necessary, provision will be made to ensure that access is not restricted unreasonably at peak times.

11. Legislation will also provide for other temporary or permanent closures, or for access to be restricted to linear routes, on a number of grounds:

Dogs

12. Legislation will specify that dogs should be on leads. There will be provision for further or alternative local restrictions where there are good reasons, subject to authorisation by local authorities or national park authorities.

Other restrictions

13. Local authorities will, if necessary, be able to impose other restrictions on, for example, access at night.

Rights and Responsibilities

14. The Countryside Agency and Countryside Council for Wales will prepare codes of practice for land managers, users and local authorities (including national park authorities), which set out rights and responsibilities. The agencies will be expected to consult widely in preparing the codes.

Appeals

15. The Government will be giving further consideration to what provision should be made for appeals against decisions, for example on mapping.

Compensation

16. There will be no general right to compensation. The Government has taken into account the limited nature of the new right of access; its application only to land which is undeveloped and not used for intensive agricultural purposes; the continued ability of landowners to develop and use their land after the introduction of the right; and the extensive provision made for closure of land for land management and other reasons. The cost/benefit research by independent consultants supports the view that landowners will not suffer significant losses or costs as a result of a new right of access to open countryside such as would warrant the provision of compensation. Local authorities will, however, be able to assist, where necessary, with the management of the new right of access, for example, by the provision of points of entry and signs.

Occupiers' liability

17. At present, owners and occupiers of open countryside have only limited liability if unauthorised people walk on their land. This restricted liability will continue to apply to all walkers on land to which the new right of access will apply, that is, landowners will continue to owe walkers the same responsibilities as they currently owe to trespassers. The Government will discuss with the Countryside Agency and Countryside Council for Wales whether occupiers' liability should be reduced more generally to recreational users.

C) IMPROVEMENTS TO RIGHTS OF WAY

18. The Government is committed to securing the proper recording and maintenance of the rights of way network, the main means of access to the heart of the countryside for most people, whether on foot, on horseback or on bicycles. It plans to strengthen and develop the system, enabling it to respond more readily to the changing requirements of recreational use, the needs of land managers, and the development of more sustainable transport. Before reaching conclusions on the detail of new legislation, the Government will consider recommendations it expects to receive from the Countryside Commission later this month, and then seek further views.

D) ACCESS FORUMS

Local Access Forums

19. National park authorities and other local authorities will be asked to establish non-statutory local access forums. These will play a key advisory role on different aspects of the "access package". They will focus on issues of particular local relevance, including:

20. Forums are expected to comprise representatives of users, landowners and managers, local authorities, local businesses and trade unions, and conservation interests.

21. Forums are likely to be established at county or national park level, but different arrangements may well be appropriate in different parts of the country. The Countryside Agency and Countryside Council for Wales will be asked to draw up good practice guidelines on the membership, role and operation of the forums, and to ensure effective geographical coverage.

22. Before the new statutory right of access comes into force, local access forums will be expected to comment on local implementation of the new right. They will be able to make recommendations on these issues to the Countryside Agency, Countryside Council for Wales, or the national park authority. The forums will, for example, be expected to be consulted about the need for restrictions on public access (including, in some areas, complete exclusions). The forums' advice will be expected to be consistent with national codes and guidelines. In cases where the relevant authority decides not to accept such advice, clear justification will be needed.

National Access Forum

23. The Government will ask the Countryside Agency to establish a National Access Forum in England. In Wales, where such arrangements already exist on an informal basis, the Countryside Council for Wales will be asked to consider how they may be developed. The Forums will bring together land owners and managers, user groups, business and trade union interests, public authorities and conservation interests. Issues for discussion will include:

E) PUBLICITY AND INFORMATION

24. The Government recognises the importance of developing more effective publicity and information about access opportunities. It is asking the Countryside Agency and Countryside Council for Wales to make recommendations on what action should be taken at both national and local level. They will, for example, be expected to examine the feasibility of developing a national access register to build on work by the Country Landowners' Association. They are already collaborating closely with the Ordnance Survey to ensure that in future its maps will show all statutory rights of access and as many other access opportunities as possible.

F) FUNDING

25. The Government recognises that to implement its plans effectively will require some additional funds. Resources will be needed for: mapping, closure arrangements and other restrictions, servicing of access forums, the provision of information, signs and stiles, and, in places, rangering services. The Department of the Environment, Transport and the Regions (DETR) and the Welsh Office will make sure resources are available to the statutory agencies and local authorities to cover costs arising from the new legislation.

26. In addition, the Government is keen to see Lottery funds being made more widely available to complement the statutory responsibilities set out in legislation. The Department for Culture, Media and Sport (DCMS) will be asking Lottery distributors to see how their funding can contribute further in helping people from all walks of life to take advantage of the new opportunities for open air recreation in the countryside. The DCMS is also considering, in consultation with DETR, what part the New Opportunities Fund and its Green Spaces Initiative might be able to play. There may, for example, be opportunities to improve information about available access and to help meet particular needs, including creation of new routes to and over open countryside.

27. The Ministry of Agriculture, Fisheries and Food, and the Welsh Office, will ensure that the targeting of the access elements of agri-environment schemes contributes to the overall access strategy.

G) TIMING AND NEXT STEPS

28. The Government will bring forward legislation on both the new statutory right of access and improvements to the rights of way system as Parliamentary time permits. It will discuss the details further with key organisations.

29. The Countryside Agency and the Countryside Council for Wales will start work at once on the important and substantial task of preparing maps to show where the new right of access is to apply.

30. The two National Access Forums will be expected to make a significant contribution to the development of policy and procedures. Local access forums should be established well before the legislation comes into effect.

Note

In addition to this framework document, other relevant DETR and Welsh Office publications are:

The summary documents can be obtained, free of charge, from:
DETR Free Literature
PO Box 236
WETHERBY
LS23 7NB
0870 1226236
Fax: 0870 1226237

The priced full reports can be obtained from:
DETR Publications Sales Centre
Unit 21 Goldthorpe Industrial Estate
Goldthorpe
ROTHERHAM
S63 9BL
01709 891318
Fax: 01709 881673
and from booksellers.

Enquiries about this document should be addressed to:
DETR
Countryside Division 5
Zone 3/E5
Eland House
Bressenden Place
LONDON
SW1E 5DU
0171 890 3986
Fax: 0171 890 4591
E-mail: access@defra.gsi.gov.uk

Published 8 March 1999
Access to the Open Countryside in England and Wales - Consultation Paper
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