This paper provides an opportunity for Forum members to discuss the regulatory proposals issued in January by DEFRA for dedication of access land under the Countryside and Rights of Way Act 2000 (CROW).
Recreation

Breadcrumbs

NCAF 13/2 Proposals for regulations on permanent dedication of access land

1. This paper provides an opportunity for Forum members to discuss the regulatory proposals issued in January by DEFRA for dedication of access land under the Countryside and Rights of Way Act 2000 (CROW).
Background 

2. Paper NCAF 10/4 (considered in March 2001 - copy appended) summarised the powers available under CROW section 16 for the owner or long-term tenant of any land voluntarily to make a dedication in order to apply to the land, on a permanent basis, the access provisions of CROW Part 1. The paper considered the relationship with other issues such as local restriction powers, freedom of future land use and occupiers' liability. It also considered a range of reasons why the dedication power might be used in practice. 

3. Forum members were enthusiastic about the potential in appropriate situations for dedication to create new access rights, especially close to people's homes, and to extend and complement existing access opportunities for riders, cyclists etc where the dedicator was prepared to include such uses as well as access on foot. 

3. It will only be possible to make section 16 dedications once regulations have been made on the steps to be taken. The Department for Environment, Food and Rural Affairs (DEFRA) issued in January a consultation paper setting out its proposals for such regulations for England. A copy is enclosed with this paper. Responses must reach DEFRA by 15 April. 

4. The regulations are expected to be made this summer. Dedication will then be legally possible. Like all section 2 access rights, those created by dedications will only take effect once they are commenced by Ministerial order. This will not happen until the full suite of local restriction powers is available for use by those with a legal interest in dedicated land. 

5. Once these measures are in place, the Countryside Agency will consider with DEFRA, the Forestry Commission and other key bodies what guidance is needed, and what other action should be taken, to promote use of the dedication power in both the public and the private sectors. DEFRA's paper explains (at 3J/3K) that both charities and local authorities will be able to use the dedication power without being impeded by the statutory constraints that often affect them when disposing of interests in land. 

Key aspects of the DEFRA proposals

6. Forum members may wish to discuss in particular these aspects of the DEFRA paper:

  1. what types of grant, or other support mechanisms, are required to encourage both initial dedication, and appropriate subsequent management of the land (2.16); 
  2. what types of land should be targeted by such arrangements (2.16 cites for example woodland, riversides, rivers and lakes); 
  3. the arrangements for input by English Nature where the land is a site of special scientific interest (3.A.2); 
  4. the discussion on obtaining consent from interested parties (3C); and
  5. the proposal that the relevant commencement order, when it is made, should provide that the new access rights over dedicated land should commence nine months after the actual date of dedication in each case.  

7. Forum members are invited to offer views on these or other aspects of the DEFRA paper.