Issues

Access Land

Introduction
The Countryside and Rights of way Act 2000 provides for a new Right of Access. This differs from traditional linear Public Rights of Way in that it is, broadly, a statutory public right to walk over defined areas. It has applied in Norfolk from October 2005.

Access Land Parcels in Norfolk
The Countryside Agency’s conclusive map gives Norfolk about 9,000ha of Access Land in approximately 600 parcels. About 60 of these are Open Country (defined as mountain, moor, heath, or down) the rest are Registered Common (defined as Commons registered under the Commons Registration Act 1965). Additional land parcels may be dedicated as Access Land by the landholder, e.g. Forestry Commission.

Cases Where the Right Will Not Apply
The right will not apply to land that is not shown on the conclusive map, unless it has been dedicated. This means that the right will not apply to land that is commonly known as heath, down, and common, or is represented thus by Ordnance Survey, but does not fit the definitions used in the act. Nevertheless, the public may be able to use some of these areas by a different right, by permission, or by tradition.

The right will not apply even to land Conclusively Mapped as Open Country or Registered Common if it is:- 

• already subject to a public right of access e.g. Law of Property Act 1925 [more information] this is the case with National Trust Commons
• Excepted - e.g. if ploughed in the last year, or within 20m of a caravan [more information]; or 
• Excluded - e.g. for the purpose of management, safety, or national security (See Chapter II of the Countryside and Right of Way Act 2000).

General Restrictions and Byelaws
Even then, the right will be subject to General Restrictions such as: no lighting of fires, and dogs to be kept on short leads if near livestock (more information). However, the Relevant Authority may remove or relax these Restrictions: either for good, or for a specified period with the consent of the landowner. Byelaws and, or, additional restrictions could also apply. 

The Relevant and Access Authorities
There are to be two categories of statutory organisation involved in managing the new right:-

Relevant Authority
Forestry Commission - where the land is primarily wooded;
Broads Authority - within the Broads Executive Area; and
Countryside Agency - elsewhere.

The Relevant Authority deals with the following notices or directions in agreement with the landholder, or other person with a legal interest in the land, as appropriate:-

• It receives Exclusion or Restriction Notices, available to the discretion of the landowner for 1 - 28 days in a year
• It receives Restriction Notices on the presence of dogs for the purposes of shooting or lambing
• It considers applications for, and issues, Exclusion or Restriction Directions for specified periods for the purposes of:-
  - land management;
  - prevention of danger to the public;
  - nature conservation and heritage preservation; or
  - emergency.
  (national security notices are issued by the Secretary of State)
  Restrictions of over six-months’ duration must be put before the relevant Local Access Forum. There are two Local Access Forums in the County:-
• The Broads Local Access Forum
• The Norfolk Local Access Forum
  Restrictions simply lift all or some of the public right; all lawful activity, e.g. exercise of common rights, remains unaffected.

Access Authority
Norfolk County Council - Norfolk, outside the Broads Executive Area; and
the Broads Authority - inside the Broads Executive Area.

The Access Authority has powers to:-
a) make byelaws;
b) appoint wardens (District Councils also have this power);
c) erect and maintain notices about boundaries, restrictions, exclusions, e.t.c.;
d) improve means of access; and
c) authorise entry to carry out “c” and “d” above.

The Local Access Forums advise on these byelaws and on the provision of wardens. They may appeal against decisions contrary to their advice in the latter case.

The Countryside Agency Open Access website or contact centre (0845 100 3298) should be approached for general enquiries. Norfolk County Council or Broads Authority Countryside Officers may be able to help with site-specific queries in the county.

The Rights of Way Improvement Plan for Norfolk 2006 - 2016
Following extensive public consultation, Norfolk County Council’s Draft Rights of Way Improvement Plan 2006 - 2016 has been published in paper and online. Public summaries and the full version are available at libraries and at County Hall. Written comments received by 3 February will be logged, acknowledged and considered by Cabinet in spring.

The Steering Group will produce an Annual Business Plan. The two Local Access Forums in the County and Cabinet will pass the plan. The first should be available in spring 2006. Greater detail on proposals and a record of achievements will be included in it on a rolling three-year basis.