Natural England

NCAF 14/2 Restrictions consultation and update

2. This paper updates NCAF members on the response to the Agency's proposals for their guidance to relevant authorities, land managers and the public on local access restrictions. It also summarises the further work in hand in preparation for opening the restrictions system for business. Members are invited to discuss the principles set out in the paper.

Background

3. The Agency and DEFRA consulted concurrently on proposals for managing local access restrictions. During the consultation period (which ended in March) the Agency received over 70 responses. They are being analysed by consultants alongside those received on DEFRA's paper on its proposals for regulations. 

4. The report on this analysis is expected later in the year. We will circulate this to NCAF members and make a copy publicly available through the Agency's website.

Messages in the consultation responses

5. Initial analysis of responses from 14 key organisations suggests the following:

1. Overall reaction
2. Only one issue - site level notices (Proposal 7.10 in the Agency's consultation paper) - elicited comment from more than half of this group. Otherwise, proposals were generally commented on by less than a quarter of respondents. There were mixed opinions on most issues. 
3. Balance between informal management and use of restrictions
4. This evoked a range of views. Most respondents agreed that land managers should be encouraged to use informal techniques to manage access. A few had reservations about the practicality of this approach in all cases. 
5. Several land management organisations felt that the document implied a reluctance to grant restrictions even when they were necessary. They felt that both the language used and the approach taken should be reviewed to emphasise the availability of restrictions to address land management needs.
6. Land management organisations felt the guidance to relevant authorities on granting directions should reflect the difficulty land managers may face in predicting the timing of operations. Relevant authorities should be flexible in this respect, and should deal promptly with applications.
7. Support and guidance for land managers
8. Land management organisations said that simple guidance on how the restriction system will work should be available to land managers, including specific advice on registering their personal details, the boundaries of their land and any division of land parcels. 
9. Some respondents were concerned that the level of support needed for informal management could be underestimated.
10. Information to the public on access restrictions
11. This was the issue which attracted most concern. Most respondents commented on the need for clear, up to date and accurate information. The proposal to set up a website and hotline facility was supported but some felt this was inadequate and other means to publicise access restrictions should be developed. 
12. Many felt that the Agency should provide a simple standard format for on-site notices, with space for local information on dates, times and alternative routes. They felt the responsibility for erecting and removing notices should be clarified, though there was no consensus on who should assume this.
13. Most respondents referred to the need to promote a code of conduct for the public.
14. Resources
15. Several respondents were concerned at the lack of assurance that adequate resources would be made available to provide information to the public and to meet any costs arising from informal visitor management.  

6. We shall decide how best to act on these and other messages when analysis of all consultation responses is complete. 

Further research in hand

7. To inform its advice to relevant authorities and landowners on managing local access restrictions, the Agency has commissioned further research - into 

1. Health and safety issues - Asken Ltd has researched health and safety issues on access land. Ken Taylor of Asken Ltd will present the findings of the research at this NCAF meeting (agenda item 6). NCAF members will have an opportunity to comment on the findings of this work. 
2. Fire risk management - the Met Office and ADAS are jointly researching the causes of countryside fires and good practice in fire risk management. They are also developing an automated computer-based system to predict the "exceptional conditions of weather or any exceptional change in the condition of the land" under which relevant authorities may use the powers in section 25 (1)(a) to restrict access. David Henderson from ADAS will present this work at the NCAF meeting (agenda item 7). Members will have an opportunity to comment on this.  

Opening the restrictions system for business

8. The restrictions system created by the Act is complicated. The Agency will aim to provide clear guidance for land managers, relevant authorities and the public on how it will work. The aim is to minimise bureaucracy and make the system as simple to use as possible within the framework created by the Act. 

9. Relevant authorities will 'open for business' sufficiently far in advance of access rights coming into force in any area to enable land managers who wish to do so to apply for any additional restrictions, and to appeal if necessary against the relevant authority's decision. Nearer to commencement it will become possible to notify any discretionary restrictions under section 22 and special dog controls under section 23. Decisions on early applications for directions will take due account of the availability of these discretionary powers.