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Access to the Countryside PowerPoint PPT Presentation


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Access to the Countryside. References. RIGHTS OF WAY a guide to law and practice John Riddall and John Trevelyan www.ramblers.org.uk www.countryside.gov.uk www.ca-mapping.co.uk www.ccw.gov.uk. Statistics. 209,000 km footpath, bridleway and other tracks in England and Wales Annually in UK

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Access to the Countryside

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Access to the countryside l.jpg

Access to the Countryside


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References

  • RIGHTS OF WAY a guide to law and practice John Riddall and John Trevelyan

  • www.ramblers.org.uk

  • www.countryside.gov.uk

  • www.ca-mapping.co.uk

  • www.ccw.gov.uk


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Statistics

  • 209,000 km footpath, bridleway and other tracks in England and Wales

  • Annually in UK

    • 750 million walking days

    • 22 million horse riding days


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Origin of Rights of Way

  • Presumed dedication in common law

    • Highway in use beyond memory

  • Presumed dedication – s31 HA80

    • After 20 years use without interuption a highway is presumed dedicated for public right of way unless contrary intention exists

  • By statute – s26 HA80

    • Creation agreement by local authorities


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Rights of Way by Common Law

  • Source of most footpaths, bridleways and carriageways


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Rights of Way by Statute

  • National Parks and Access to the Countryside Act 1949

    • Introduced procedures to record public rights of way

    • Made footpaths and bridleways maintainable at public expense

  • Highways Act 1949

    • Consolidated into Highways Act 1980

    • Enforced a highway authority’s duty to maintain rights of way


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Rights of Way by Statute

  • Countryside Act 1968

    • Updated definitive maps

    • Gave cyclists right to use bridleways

    • Required paths to be signposted

  • Wildlife and Countryside Act 1981

    • Further changes to definitive map procedures

    • Introduced legislation on grazing bulls on rights of way


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Rights of Way by Statute

  • Rights of Way Act 1990

    • Amended duties on ploughing rights of way

    • New duties to prevent crop disturbance of rights of way

  • Access to the Countryside Act 2000

    • Introduced open access


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Footpath

Bridleway

Carriageway

cycletrack  motorways

road

street

footway

Road Used as Public Path (RUPP)

Byway open to all traffic

Green lane

Rights of Way


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Footpath

  • Right of way on foot only


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Bridleway

  • Right of way on foot and horseback


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Carriageway

  • Includes

    • cycletrack  motorways

    • road

    • street

    • footway

  • Right of way on foot, on horseback and with a vehicle

  • Cycleways – cycle/foot

  • Motorways – some vehicle only


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Road Used as Public Path (RUPP)

  • NPACA 49

    • A way other than a footpath or bridleway

    • Does it have vehicular rights?

  • Gosling Committee 1968 recommended reclassifying into

    • Unclassified road

    • Bridleway

    • Footpath

  • Reclassification in progress


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Byway open to all traffic

  • A carriageway mainly used by walkers and those on horseback

  • Open to vehicles as well


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Green lane

  • No legal meaning

  • Physical description for unsurfaced track

  • Can be footpath, bridleway or carraigeway

  • May not have rights of way


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Local Authorities

  • Major council

  • County, District, Unitary, Metropolitan

  • County, Unitary and Metropolitan are Highway Authorities responsible for rights of way


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Duties of Highway Authority

  • Maintain rights of way

  • Keep an up to date list of rights of way

  • Protect rights of way and prevent obstruction

  • Enforce restoration of ploughed or disturbed footpaths/bridleways

  • Take action against unlawful disturbance of highway

  • Enforce duty on occupier not to inconvenience users of rights of way

  • Signpost and waymarking

  • Prosecute misleading notices on rights of way


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Definitive maps

  • Required by statute

  • List all known rights of way in a local authority area

  • Public document


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Access to the Countryside Act 2000

  • In force since 30 January 2001

  • http://www.legislation.hmso.gov.uk/acts/acts2000/20000037.htm

  • Countryside Agency – ENGLAND

  • Countryside Council for Wales - WALES


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Access to the Countryside Act 2000

  • a new right of public access to mountain, moor, heath, down and registered common land;

  • provision of effective safeguards to take account of the needs of landowners and managers and of other interests, including wildlife;

  • the right will not apply to developed land, gardens or to cultivated land;


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Access to the Countryside Act 2000

  • the right will be subject to sensible restrictions to avoid activities which might cause harm or damage;

  • the right will not extend to cycling, horseriding or driving a vehicle;


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Access to the Countryside Act 2000

  • landowners’ liability as occupiers will be reduced to a minimum;

  • provision for landowners to close access land or otherwise restrict access without needing permission for up to 28 days each year;


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Access to the Countryside Act 2000

  • provision for further closures or restrictions to take account of the needs of conservation, land management, defence and national security, and safety;

  • provision for possible extension of the right of access to coastal land, but only after public consultation;

  • a power for landowners voluntarily to dedicate their land for access.


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Maps

http://www.ca-mapping.co.uk/mapping/Default.htm

http://www.ccw.gov.uk/mapping/index.cfm?lang=en


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Trespass

  • Trespass is the unlawful entry by one person onto land in the possession of another

  • If a person accidentally wanders off a public right of way path onto another's land i.e. gets lost, he/she will be trespassing


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Trespass

  • It can be a defence in an action of trespass that a person strayed onto land not by his/her own actions e.g. if a horse bolted. This is not trespass and the person in control of the land cannot sue.

  • Trespass must be voluntary.


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