Breadcrumbs
NCAF 6/1 Countryside and Rights of Way Bill - summary of progress
Clauses and Schedules considered
2. By the end of the 18 April sittings, the Committee had completed its consideration of Clauses 1-16 and Schedules 1-3. Very few amendments had been agreed, although the Government had undertaken to give further consideration to a number of points, with a view to bringing forward appropriate Government amendments at Report Stage. A clause-by-clause summary of progress in annexed to this paper.
Main issues of debate
3. Among the main issues of debate so far have been:
a. proposals for a fast-track right of access to commons and land over 600m;
b. excepted land, including the meaning of "cultivated land" and the issue of gallops;
c. access points;
d. access at night;
e. restrictions on the right of access, and the case for criminalisation of various forms of trespass;
f. dogs
g. provisions to extend the right to coastal land;
h. the scope of statutory maps;
i. consultation with individual owners and occupiers;
j. compensation; and
k. occupiers' liability.
4. Themes which have run through many of the debates have included:
a. the definition of ownership within the Bill;
b. nature conservation; and
c. the compatibility of the Bill with the ECHR.
NCAF 6/1 Annex 1
CROW BILL - SUMMARY OF PROGRESS IN COMMONS COMMITTEE
Clause 1
Schedule 1
The Government agreed to take away for further consideration the definition of "cultivated land", the possibility of treating as excepted land small animal pens used for the purpose of temporarily gathering stock, and the issue of development which is lawful without planning permission or for which the period for enforcement has expired. On the first of these points, the Government was minded to define cultivated as referring to disturbance of the soil within the last 12 months by ploughing, harrowing, drilling or such other agricultural operations as required for the purpose of growing crops; however, it was asked to think further about the 12 month period in the context of rotational cropping regimes.
Clause 2
The Government agreed to consider whether the principle of no payment for access would cause particular problems for bodies like the RSPB and the Wildlife Trusts.
Schedule 2
The Government said that it would consider
bringing forward amendments at Report Stage:
a. to provide that committing any criminal offence on access land
would constitute a trespass and enable the offender to be excluded
from the land; and
b. to harmonise arrangements for dogs on rights of way crossing access land with those for dogs on access land.
Clause 3
Clause 4
Clause 5
Clause 6
Clause 7
The Government agreed to consider further the possibility of removing the provision for appeal hearings to be held in private.
Clause 8
Schedule 3
Clause 9
Clause 10
Clause 11
Clause 12
The Government agreed to take away for possible amendment at Report Stage the issue of avoiding the creation of town or village greens as a result of access under this Bill.
Clause 13
The Government agreed to consider for possible amendment the inclusion of trees and plants within the scope of "natural features" at 13(2).
Clause 14
Clause 15
The Government agreed to consider an amendment to include in Clause 15 (and therefore exclude from the access land regime set out in this Bill) ancient monuments subject to S19 of the Ancient Monuments and Archaeological Areas Act 1979, which are therefore under public control and have an existing right of access.
Clause 16
The Government also agreed to consider further the need for an amendment to avoid local authorities or charitable trusts being prevented or deterred from dedicating land under this clause by other legal restrictions or bureaucratic obstructions.
