Open Access Land
New Rights of Access to Open Countryside in Wales
The Welsh countryside is popular and attractive – more than 80
million trips are made to the countryside and coast every
year.
Since 28 May 2005, as a result of the Countryside and Rights of
Way Act 2000, people enjoy a statutory right of access (on foot) to
over 350,000 hectares of open country and registered common
land.
The total area with rights of access, including public forests,
will be 451,000 hectares (22% of Wales). That area is five times
greater than the 84,000 hectares where there is currently a right
of access.
This is on top of significant areas of local permissive access,
many beaches, towpaths and about 25,000 miles of public rights of
way.
What does the new right include?
- It is the right to go on foot onto access land – open country
(mountain, moor, heath and down), registered common land and any
other land that owners dedicate as access land.
- It includes most open-air recreational activities carried out
on foot, like walking, sightseeing, bird watching, climbing and
running.
- It enables 'open access', which means that people will be able
to wander freely across 'access land' and won't have to stick to
paths.
- In many places, existing public rights of way will lead to and
cross open access areas and access land can be reached at access
points: a stile or gate; a bridge or stepping stones; or a clear
opening in a wall, fence or hedge.
What does the new right NOT include?
- It doesn't include riding a horse or a bicycle, or driving a
vehicle, or certain other activities such as camping, swimming or
caving – but these limitations on the new right do not prevent an
owner or occupier of land allowing these activities.
- There are special rules about the control of dogs on access
land; and there is no right to take any other animals onto the
land. For example, dogs must be kept on short leads where there is
livestock present.
- Access may sometimes be restricted for reasons such as land or
livestock management or nature conservation, or to avoid danger to
the public from activities on the land.
- There are places where the public cannot go, even if they are
within mapped areas of access land – the 'excepted areas' include
buildings, gardens, quarries and arable land.
How much land will be new access land?
The CROW Act will add about 350,000 hectares of open country and
registered common land to that area. Dedication of the National
Assembly of Wales' freehold woodland, managed by the Forestry
Commission, will add about another 100,000 hectares. Some other
landowners will also be opening their land in the same way.
How will the public know what land is available?
- To enable people to find out exactly where they can and can't
go in the countryside the Countryside Council for Wales has
developed an interactive website which gives up-to-date,
user-friendly information to help walkers plan their days
out. The CCW website on
http://www.ccw.gov.uk/enjoying-the-country/countryside-access-map.aspx provides
detailed maps of accessible land, as well as:
Up-to-date information about restrictions to
access at certain times;
A distance tool for walkers to calculate the
time needed for their walk;
Ideas for places to visits such as National
Nature Reserves;
Links to weather information, and other
useful sites.
- New editions of the Ordnance Survey Explorer Maps will show all
known accessible land. All types of accessible land will be
indicated on these maps with a light yellow tint, surrounded by a
light orange border.
- A leaflet, New Access to the Countryside in Wales, published by
CCW, explains where people can go and what they can do, as well as
their responsibilities on access land. The new Countryside Code
also gives general advice about responsible access across all types
of countryside – including access land.
- Tourist information centres and visitor centres should have
useful information on where to walk locally.
- A new access symbol will also be used on the ground where
needed, to help indicate where access land starts and ends:
How will land managers manage open access on the ground?
- In most places, no additional management will be necessary. In
others, simple techniques such as encouraging use of particular
paths or access points will avoid any problems arising for land
management.
- Local Authorities and the National Park Authorities can take
practical steps to prevent problems in areas likely to attract many
visitors. CCW is supporting local authorities and National Park
Authorities with extra grant for signs and information points.
- Owners and occupiers may restrict the right on up to 28 days in
the year – but not Bank Holidays, Christmas Day, Good Friday and no
more than 4 weekend days. Beyond that, they can apply to CCW or
their National Park Authority for further restrictions or
exclusions if necessary to avoid problems.
- New guidance for land managers on rights and responsibilities
and how to manage recreation has been published – available from
CCW.
- Other publications available from CCW include: The Countryside
Code; Managing Access in the Countryside - guidance for farmers and
landowners; Managing Public Access, and Out in the Country.
How was this land mapped?
- Under the Countryside and Rights of Way Act 2000, CCW were
required to map all areas of open country (land which appears to
them to consist wholly or predominantly of mountain, moor, heath
and down) and registered common land in Wales.
- Over the past four years CCW has consulted about a series of
draft, provisional and conclusive maps. Over 6,000 people have
contacted us about the mapping, many at one of our 145 consultation
events where both the public and landowners had an opportunity to
give comments on the maps.
- People with a legal interest in the land were able to appeal to
the Planning Inspectorate if the thought their land was incorrectly
mapped. The Planning Inspectorate upheld 25% and partly upheld 20%
of the 468 appeals. That removed about 2,500 hectares from the
provisional maps before the final versions.
- Local Access Forums were set up to help advise CCW, local
authorities and National Park Authorities on ways in which local
access can be improved and the views from these Forums have been
helpful when formulating national policy.
How will this new right of access contribute to local
prosperity and public health?
- Many rural communities depend on the visitors attracted to the
magnificent scenery of our mountains and coasts, or the chance to
walk routes like the Offa's Dyke National Trail. With Wales Tourist
Board figures showing that walking tourism is worth around £500
million to the Welsh economy, the monetary benefits of recreation
are clear.
- However, simple economics does not tell the full story; the
social and health benefits of recreation are just as important. The
countryside can improve the quality of life for all of us.
Statistics show that regular walks can significantly improve
health, for instance by reducing the risk of coronary heart
disease, which kills almost 8,000 people in Wales every year.
- CCW is running a campaign to promote recreation and enjoyment
of the countryside and coast - encouraging everybody to experience
and enjoy the countryside wherever they live. Check out the
website, http://www.ccw.gov.uk/
What's happening in England and Scotland?
- In England, the Countryside and Rights of Way Act 2000 applies
in the same way as in Wales. DEFRA and the Countryside Agency have
started a rolling programme for the new rights of access in England
which will be completed by the end of 2005. For more information
visit http://www.countrysideaccess.gov.uk/
- In Scotland, the Land Reform (Scotland) Act 2003 establishes a
statutory right of responsible access over most areas of land and
water including mountains, moorland, forests, farmland, coasts and
riverbanks for outdoor recreation. This came into effect in late
2004. For more information see http://www.snh.org.uk/
For more information
To get free advice on the new public right of access to open
country and registered common land, copies of publications and
ideas on other enjoyment opportunities in the countryside, visit
http://www.ccw.gov.uk/ or call
CCW on 0845 130 6229.
For press enquiries please call Helen Evans, CCW, on 01248
385566 or Trystan Pritchard on 07881857736.