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Access to open countryside: Countryside and Rights of Way Act 2000

Public places

Countryside

A variety of legislation affects what can be done in public places. During the passage of the Bill, concerns were raised that allowing some of this legislation to apply to land covered by the CROW Act would put unfair burdens on landowners and occupiers whose land becomes a public place for the first time.

Defra consulted on whether to make regulations to prevent the legislation from applying in February 2004. After carefully considering the issues, the Government decided not to introduce regulations.

There were several reasons for this. First, most of the legislation concerned exists to protect public safety and already allows for legitimate activities to be carried out. Making regulations might therefore put people's safety at risk without bringing significant benefits to landowners and occupiers. Making regulations would also introduce an inconsistency in the way that the law applies to land that becomes a public place because of the CROW Act and other land that is already a public place because it is covered by permissive access arrangements or other statutory rights, like rights of way and access agreements under the National Parks and Access to the Countryside Act 1949.

Page last modified: 23 July 2008
Page Published: 17 September 2004

Department for Environment, Food and Rural Affairs