Access Land Question

[Nick]

I am confused about CROW open access land. I had assumed when the
legislation came in that most of the country would be opened up to
walkers. But looking at the maps at www.openaccess.gov.uk, round where
I live in the rural East Midlands, virtually nowhere is designated.
There are a few Forestry Commission sites, but that is it. I remember
that Madonna was getting upset at having her estate in Wiltshire open to
walkers, but round here there are a good number of equally stately piles
which seem not to have been affected. Is designating access land
entirely down to the enthusiasm of the local authority rights of way
department, or am I missing the point of the legislation?

Nick

 

[Roger]

The message <[email protected]>
from Nick <[email protected]> contains these words:

> I am confused about CROW open access land. I had assumed when the
> legislation came in that most of the country would be opened up to
> walkers. But looking at the maps at www.openaccess.gov.uk, round where
> I live in the rural East Midlands, virtually nowhere is designated.
> There are a few Forestry Commission sites, but that is it. I remember
> that Madonna was getting upset at having her estate in Wiltshire open to
> walkers, but round here there are a good number of equally stately piles
> which seem not to have been affected. Is designating access land
> entirely down to the enthusiasm of the local authority rights of way
> department, or am I missing the point of the legislation?

I am sure someone will be along in a minute to point you at the
statutory definition but basically it is only unimproved land that is
open access which in practice means mostly the upper slopes of the
bigger hills. ISTR that most highish ground was automatically designated
and it was then up to the landowner to appeal. ITSM that the appeals
process has been generous to at least some landowners but I have also
found open access which I would have definitely classified as improved
which might point at flaws in the basic processes and where landowners
haven't bothered to appeal.

Even in Scotland where the right to roam is more robust the less
immediate environs of stately homes can be barred to us plebs. (Viz Mrs
Slowcoach's mansion).

--
Roger Chapman
Nearest Marilyn still to be visited - Great Orme.
89 miles as the crow flies,
considerably more as the walker drives.

 

[Mike Clark]

In message <[email protected]>
Nick <[email protected]> wrote:

> I am confused about CROW open access land. I had assumed when the
> legislation came in that most of the country would be opened up to
> walkers. But looking at the maps at www.openaccess.gov.uk, round where
> I live in the rural East Midlands, virtually nowhere is designated.
> There are a few Forestry Commission sites, but that is it. I remember
> that Madonna was getting upset at having her estate in Wiltshire open to
> walkers, but round here there are a good number of equally stately piles
> which seem not to have been affected. Is designating access land
> entirely down to the enthusiasm of the local authority rights of way
> department, or am I missing the point of the legislation?
>
> Nick

If you go to the ramblers website there is more information.
see http://www.ramblers.org.uk/

Essentially the CROW Act of 2000 is now in force and the included land
should have all been surveyed between 2001 and November 2005. The act
referred to "open country" which was defined as "mountain, moor, heath
and down". However the act didn't further define these types of land so
the Countryside Agency produced its own criteria prior to mapping. Areas
under 5 hectares could be excluded if the agencies wished. Land
registered under the Commons Registration Act of 1965 was also included.

Conclusive maps are not drawn up and designated until after any appeals
process has been completed. Thus if a landowner appeals against
designation the process is delayed whilst the appeal is heard.

There will also be a Review process that will allow these maps to be
redesignated and changed on a basis of not longer than 10 years.

If you think that local areas of land have been miss-designated then the
best thing to do is to lobby through a local campaigning group such as a
local RA group, equestrian group, cycling organisation, or the BMC, if
these are appropriate to the particular area.

Mike
--
o/ \\ // |\ ,_ o Mike Clark
<\__,\\ // __o | \ / /\, "A mountain climbing, cycling, skiing,
"> || _`\<,_ |__\ \> | reader in immunology, antibody engineer and
` || (_)/ (_) | \corn computer user"