Natural England has a duty to provide guidance to the “relevant authorities” that administer local restrictions on open access rights in England under the Countryside and Rights of Way Act 2000 (CROW). From time to time this “Relevant Authority Guidance” is updated and in 2009 Natural England undertook a twelve-week consultation which finished on 4 August 2009.
Many of the suggested new proposals have been built on practical experience gained over the last few years since the introduction of CROW. The NFU responded in 2009 to the consultation and were largely happy with the majority of the proposed changes, which generally add greater clarity and examples regarding where restrictions on access land can be used. Many of the points made by the NFU have been incorporated in the revised guidance as a result of the consultation including:
• Consistency in the wording for on-site information/signage for visitors. Currently the recommendations for keeping dogs on a lead in the presence of bulls is inconsistent with the recommended wording for dogs in the presence of cattle that are calving or have calves at foot. The wording has now been changed such that dog walkers in the presence of bulls are also now advised to unclip their dog’s lead if chased. We welcome the consistency of message
• Proposals to amend the current guidance to ask for a vets report when establishing the likely level of risk posed by bulls and cattle has been dropped on the basis of the unreasonable burden this would cause of land managers.
• Confusion regarding the wording referring to the 3-6 week period that dairy bulls may be run with cattle each year has been amended. It has now been changed to remove any doubt that this implies that there is a restriction on this period.
• For land managers and landowners hosting motor events on their land, the suggestion that the public access restrictions to create a safety buffer zone should be “small” has been dropped in favour of a more proportional approach such the area of restricted access should be relative to the level of risk. The NFU welcome this. Related to this organised high speed cycle events and competitive equestrian events have also been included in the list of events that may justify the need for access restrictions to be put in place. The extension of the guidance to include these events is welcome.
• Currently the guidance for approving temporary access restrictions when using felling machinery has been extended to also include reference to woodland as well as forestry. This provides clarity.
• Archaeological sites and historic places may increase visitor numbers on land and amendments have been made to the guidance to reflect the possible need for access restrictions. Again the NFU welcome this addition.
You can read the NFU’s full response by downloading the document on the right hand side of this page.
The revisions in their final form have now been approved by the Minister, and have thereby taken effect legally. Both the revised guidance and a report summarising the points raised during consultation are accessible via the Natural England website: www.openaccess.gov.uk
If you have any concerns regarding the new revised guidance, the Open Access Contact Centre is able to deal with specific questions on 0845 100 3298.
No comments have been made.