From GPG

There has been some access land for walkers for many decades stemming from the 1925 Act in respect of Urban Commons plus the 1949 Act (and others) in respect of negotiated or imposed access, mainly in National Parks. More recently, however, the Countryside & Rights of Way Act 2000 (CROW) provided for a new right of access on foot to areas of open land comprising:

• mountain (land over 600 metres)
• moorland
• heath
• downland
• registered common land

There are provisions to extend the right in the future to coastal land.

Websites were created to provide the public and landowners and managers with information about CROW access land:

• www.countrysideaccess.gov.uk is the government website for online public maps of access land and public information about the new right of access. The online maps also contain up-to-date information of any restrictions or closures. This website also contains detailed of the new Countryside Code and general information and advice on enjoying access to the countryside.
• www.openaccess.gov.uk is the government website for information about access rights under CROW for land managers.

There are various restrictions which place certain limits on the right of access. Most of the responsibility for administering the process of managing the new rights falls to Natural England and the Countryside Council for Wales assisted in part by the National Park Authorities. Although there are powers available to Local Authorities, there are no duties for them in respect of Open Access. However, there are several powers for the 'access authority' (which outside National Parks is the local highway authority).

Open Access land was mapped by the Countryside Agency (in England) and the Countryside Council for Wales (in Wales). The conclusive maps are available on the Open Access website. They are subject to review every ten years, although that period my be changed by regulation. In some areas the maps may be reviewed earlier.

There are a number of specific actions, both on the part of landowners and users, which constitute offences, and the access authority can also make byelaws or carry out works to improve the management of access land. Wardens can also be appointed to assist landowners and the public by ensuring compliance with byelaws and exclusions, and by offering advice and assistance.

We have had one instance where a landowner was denying access rights, not by the use of misleading signs or interference with infrastructure, but by personal intimidation of walkers. This does not appear to be covered by the legislation, but potentially public order offences are being committed. A visit from our enforcement officer and some help with access points in new fencelines solved the problem. (Lancashire County Council)

There are a number of reasons why access may be restricted from some areas, and these include nature conservation concerns, heritage preservation, avoidance of fire, or other danger to the public, defence, or for activities which are incompatible with open access. Some of the restrictions are available at the request of the landowner, and others on direction from Natural England or the Secretary of State, and may be temporary or permanent. Most proposed restrictions will be subject to debate by the Local Access Forum and may be revoked or varied at intervals.

Apart from Fire Restrictions it has been our experience that the use of restrictions by landowners has been limited. This may be for a variety of reasons, either experience has shown that visitor numbers are low and closure for shooting can be managed without a restriction, or it may be that grouse numbers are low and few driven shoots are taking place. There is some concern about the accuracy of the Fire Severity Index (FSI) used to trigger closure for exceptional risk of fire. Anecdotal evidence suggests that local conditions can be at variance with the conditions assessed by the national system. Natural England are working with the met office to improve the model. (Lancashire County Council)

There are no provisions for compensation to landowners whose land becomes the subject to the right of access, but under certain circumstances, compensation my be payable for other reasons. If it is necessary to create new public rights of way to reach areas of open access, or if damage is sustained to any person in the exercise of powers conferred by the Act, there may be an entitlement to some compensation.

Six additional links to Access Land have been negotiated in Lancashire. No rights of way have been created but we have used concession agreements using s.29 of the Wildlife and Countryside act (Management agreements) or amendments to Higher Level Stewardship Agreements. (Lancashire County Council)

Management of Access Land

It was a main objective of the CROW Act that walkers should have access to new areas of land. Facilities have been created to permit access but not much has been done to encourage access onto these areas.

The Countryside Agency provided funding through its Access management Grant scheme to support the installation of infrastructure and in some cases the provision of wardens and the setting up of monitoring systems. Publicity and promotional material was also supported. The Ramblers' Association published its Freedom to Roam walking guides and privately written guides have also been published.

Many authorities arranged guided walks and events to promote the use of access land such as these Forest of Bowland downloads in Lancashire.

Probably the most effective promotion is the inclusion of the access land on the OS explorer maps although there is some concern that omission of information about access points limits the value a little. Lancashire County Council has included that information on its own web based mapping system at the request of the Local Access Forum.

Most Access Land is fragile to some degree as it is moorland, heathland or high mountain. These types of land are vulnerable to intensive use and frequently support specialised flora and fauna which need protection.

In the early period of planning for Open Access there was a view that the vast majority of such land would only attract the more adventurous walkers who would find their own separate ways across it. Thus wear and interference with wildlife will be negligible. Adherents to this view suggest that there will be no need for management there or any maintenance provision.

The opposite view is that walkers exploring new land everywhere tend to look for routes up streamsides, along ridges, up to highest points, following walls, and the like. Thus distinct paths develop. There is historic evidence to prove this view in many areas.

In such cases the land is vulnerable. The top vegetation is soon worn off on the path line; a worn, eroded line soon leads to gulleying due to rainfall. Conditions of soil chemistry and exposure of bare ground conspire to the extent that natural regeneration is unlikely. People walk round the bare, muddy section and the eroded area widens.

After a certain stage, it does not actually matter if any more walkers use that route, the natural processes will continue the worsening process. All this suggests a need for monitoring and for taking remedial action in good time, particularly as many of the upland areas are designated sites or areas which need protection.

Monitoring of visitors in two areas of Lancashire has provided a limited amount of data that the majority follow routes predicted by the access assessment and follow existing paths and tracks and ridgelines. This includes some of the desire lines created to steer people away from sensitive areas. The monitoring of erosion on these routes is at an early stage but experience in remote locations, where linear access has existed since 1972, suggest that current user levels do not result in severe erosion. This is obviously very much influenced by the numbers of visitors. Busy access points in the study showed an average of around 180 people per day at weekends and 30 per day during the week. Counters in remote locations show average counts at weekends of less than 15 per day with weekday averages in single figures, suggesting use of the high fells is low at present. The figures are only available for three years so trends are difficult to detect but there is no evidence to suggest that numbers are increasing over the three year period. Inevitably the weather is the most influential factor on visitor numbers. (Lancashire County Council)

Access points onto such land normally include gates or stiles made from timber which, even if properly treated initially, normally only have a life of 14 to 18 years. There are also signs, notices and information boards which deteriorate, bleach in strong light and/ or become out of date. These too need maintenance and eventual replacement so it follows that ongoing monitoring and maintenance for access land will be required.

A substantial investment in infrastructure has been made, and so far vandalism and damage has been low. The costs of repair or replacement has been negligible although this will obviously increase as time goes on. Fortunately in our experience the need for additional access points or signage has also been very low - all that planning has paid off! A report on the planning and implementation process is available on Lancashire's website. (Lancashire County Council)

On the whole, feedback from most areas with access land has shown that the new rights have had little tangible effect on management beyond very occasional requirements for signs or new access points.

Lancashire County Council - Bowland Open Access, people and hen harrier monitoring project

The Bowland Fells were identified as an area of major importance for nature conservation, in particular for upland breeding birds. The impact on nesting hen harriers was of particular concern and a programme of monitoring visitors and hen harriers was implemented.

The Bowland Fells attract a large number of visitors although their distribution is heavily skewed towards certain locations. Data over three years suggests that the number of visitors has remained roughly constant.

The survey data show that the majority of people follow a small number of routes and few stray onto the open fell sides. The Bowland Fells are vitally important for the hen harrier population in England, at least two thirds of the birds fledged in the country are produced here.

The breeding success of hen harriers does not appear to have declined, but evidence is beginning to emerge that the further away from a footpath the more likely the chance of the nest successfully producing fledged birds.

The report on the project is available on Lancashire's website.

Similar visitor patterns are shown in the South Pennines where a moor that had previously had no access was studied. Numbers are low, most visitors use the same routes and problems arising from the introduction of open access are few.

Landowners and occupiers have welcomed the presence of a Ranger Service, mainly to assist with problems such as motorcycle trespass, flytipping and littering that existed prior to open access.