Rights of Access
John Laidler summarises the current position
The most familiar right of access is probably England’s extensive network of ‘public rights of way’ (a convenient if, possibly, a technically incorrect term) which, for walkers, includes public footpaths, public bridleways, byways open to all and restricted byways.
Local authorities must keep definitive maps of public rights of way and, broadly speaking, are responsible for overseeing their maintenance. Guidance for local authorities is contained in circulars issued by the Department for Environment, Food and Rural Affairs (defra). In addition, the Countryside and Rights of Way Act 2000 (CROW) required each authority to prepare a Rights of Way Improvement Plan (RoWIP) by November 2007. Northumberland and Tyne and Wear RoWIPs were produced with major inputs from the authorities’ statutory advisors, the Joint Local Access Forums. Recent developments are the right to roam (see CITY AND COUNTY, John Laidler, February 2007) and a right to coastal access (see CITY AND COUNTY, John Laidler, November 2007).
The right to roam means walkers may now take their exercise on ‘conclusive’ mapped areas of mountain, moor, heath, down and common land which were previously out of bounds. Together, the conclusive maps provide a definitive record of accessible open country and registered common land. CROW requires that conclusive maps be reviewed every ten years.
Government proposals, for the introduction of a walkers’ long-distance route for the length of the English coast, were incorporated into the draft Marine Bill, published on 3 April 2008 and now proceeding through the legislative process. New powers are proposed for Natural England to improve access around the whole English coastline. Opponents of the concept include the Country Land and Business Association which considers that “The proposals as they stand are wholly unreasonable”.
Further information is available from the websites of the various bodies referred to.
City and County
August 2008
