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This is an article about the progress made on what is popularly called the
Right to Roam or, to give it the correct title, the Countryside and
Rights of Way Act 2000. Perhaps you have been wondering what has happened
so far and because of this the Countryside Agency has recently produced
a new leaflet entitled 'New rights, new responsibilities' (see Fact
File for details). The new Act will give people the right to walk over large areas of open countryside and common land. It will also mean new responsibilities for those who visit these areas and for the people such as the farmers and land owners who manage the land. There will also be some changes to public rights of way law that will affect the existing rights that we enjoy and use for our access to the countryside, whether it be walking, riding or vehicular activity. The new right of access is being introduced as quickly as possible but the authorities need to make sure that everyone knows where they can and cannot go. Maps of open country such as common land and heath are being produced in draft form for consultation and when completed, the information will be made available to the public. Access land as it will be known will be marked on maps, indicated on the ground with a new symbol and included on information boards that can also publicise rules and any current restrictions. Mapping of open country and common land is due to start in early 2001 in the north west and south east of the country and draft maps should be published by the autumn. Once the consultation stages have been completed, provisional and conclusive maps are due to be published in 2002. The Government will introduce new procedures that will allow landowners and managers to apply for restrictions on their access land and the Countryside Agency are to prepare a new version of the Countryside Code. Highway authorities will be required to set up Local Access Forums that will act as statutory advisory bodies to advise on improving public access to the land in their area. These forums will include representatives of both land owners and managers as well as user groups such as walkers and riders and other interests. The views of the forum must be taken into account when decisions are made about the access maps, long term restrictions, appointing wardens, making bylaws and rights of way improvements etc. However, there will naturally be some restrictions on the type of access that will be available. In Suffolk most of the land is in agricultural use and this will not be included as access land. Similarly, where farms, buildings and houses are within an area of access land, there will be a 20 metre exclusion zone. There will be a list of accepted activities that can be carried out on access land such as walking and bird watching, other activities such as horse riding, camping and swimming will not. Similarly there will be a code of responsible behaviour that will be expected such as not disturbing livestock, lighting fires and all the normal rules included in the Country Code. This responsible behaviour also extends to land managers who will be expected not to put up misleading notices or obstruct or intimidate visitors to the access land. The control of dogs on access land will mean that owners must take notice of any restrictions that are in place. They will have to use a fixed lead of no more than 2 metres long when near livestock and at all times from 1 March to 31 July in order not to disturb nesting birds. Visitors who break any rules or restrictions on access land may be asked to leave and could lose the right of access to that land for up to 72 hours. In persistent cases offenders may face court injunction or prosecution. In busy areas rangers will be available to give guidance and will have powers to enforce the rules. While we are waiting for all this to be put in place, don't forget the existing opportunities that are available where people can already enjoy the countryside, many also available to horse riders and cyclists. There are over 3500 miles of Public Rights of Way in the county, footpaths, bridleways, byways, roads used as public paths and loose surfaced unclassified roads that can be used freely by everyone. There are also plenty of public open spaces, country and town parks, picnic sites and beaches that people enjoy throughout the year to get a breath of country air. The Countryside Stewardship Scheme provides a number of sites where open land is designated for public use for a fixed period, often with car parking and defined walks included. Other places include National Trust land, Woodland Trust and Forestry Commission woods and forests, much of which is shown on the latest Ordnance Survey Explorer maps. Finally we come to how the Act will change the existing rights of way law. The new measures will include encouragement for local authorities to complete the process of recording claimed historic rights of way with a cut off point in 2026. Roads Used as Public Paths will be replaced by Restricted Byways that will not be open to motorised vehicles and it will be offence to drive or ride a motor vehicle off-road unless the driver has lawful authority. Highway authorities will be given 5 years to draw up a rights of way improvement plan for the area that will consider the needs of all users. New penalties for failing to remove an obstruction will be introduced while members of the public will be able to exert more pressure on local authorities and be able to bring private prosecutions against landowners who fail to reinstate paths after ploughing. Lastly in these changes, the procedures and grounds for applying to divert or close a right of way will be made easier and will include grounds such as for public health, school security or in Sites of Special Scientific Interest. Farmers will be able temporarily divert footpaths and bridleways for up to 14 days a year where the land management activities may endanger the public. This is just a brief outline of the new Act and further information should be sought if your questions are unanswered by using the details in the Fact File. I recommend that you get yourself a copy of the new leaflet in the first instance and then look out for updating information in the press or through your local authority for when areas of land become available for use. It is clear that the Right to Roam does not mean that literally, that we will only be able to roam on designated areas of access land and it will be some time before the new rights become available. Farmers will be pleased to know that the new right of access will not apply to normal agricultural land, but should remember that existing recorded rights of way will still be open to the public. In the meantime all the existing rights and countryside access opportunities remain for us to enjoy. Fact FileFull text of Act: http://www.legislation.hmso.gov.uk/acts/acts2000/20000037.htmLeaflets: 'New rights, new responsibilities' (CA 65) and 'Out in the Country' (CA 9) available free from Countryside Agency Publications, PO Box 125, Wetherby, W. Yorks LS23 7EP, tel. 0870 1206466, fax 0870 1206467, http://www.countryside.gov.uk 'From Rivers to Forests' free (s.a.e. required) leaflet detailing country parks and picnic sites etc. from Suffolk County Council and Tourist Information Centres Access and Rights of Way: Countryside Agency: http://www.countryside.gov.uk/access/ e-mail access@countryside.gov.uk or tel. 01242 533439 County Council: Countryside Service, Department of Environment and Transport, Suffolk County Council, e-mail countryside.service@et.suffolkcc.gov.uk National Trust: http://www.nationaltrust.org.uk/, e-mail enquiries@ntrust.org.uk or tel. 0191 3151111 Woodland Trust: http://www.woodland-trust.org.uk/ or tel. 01476 581135 DEFRA Conservation Walks and Rides: http://countrywalks.defra.gov.uk/
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