Natural England

NCAF 8/1 Mapping access land in England - an update

2. In preparation for the mapping task the Countryside Agency appointed the GeoData Institute of the University of Southampton to carry out an assessment of the scope and utility of existing data sets for mapping open country. The results concluded that existing data will help considerably in mapping open country, but will need to be supplemented with newly captured data in some places. Based on this advice, we have put together a tender brief, and conducted an extensive pre-tender exercise to identify a number of organisations or consortia capable of doing this work. A timetable is provided later in this paper.

The Mapping Approach

4. The approach that we adopt must deliver maps of open country and registered common land across the whole of England accurately, consistently and cost effectively.

5. Two of the initial tasks for the appointed contractors will be to refine the mapping methodology recommended by GeoData in the earlier contract, and to develop and agree with the Agency a public consultation plan. Two large areas will be used to test, refine and prove the mapping and consultation methodologies before we move on the map the rest of England.

6. Once the methodologies have been refined the mapping in each region will follow the programme set out below.

Production of draft maps 

7. The contractors will assemble relevant data sets and undertake any necessary digitisation. They will also identify the need for and acquire any new data which might be needed.

8. When the contractors begin work in any particular area they will publicise the fact locally, explain what they are doing, and invite any owners and occupiers, or other interested parties who wish to do so, to identify any land they consider to be, or not to be open country. All interested parties will have the opportunity to provide any relevant information which they think will help the mapping process. This, together with initial informal briefing of and discussion with major local data holders and interest groups (e.g. local and National Park authorities, land owning, managing and user groups) will enable the contractors and the Agency to carry out a pre-publication quality check of the draft maps, to satisfy ourselves that they are fit for their purpose. The draft maps will then be published for formal consultation.

Consultation Process

9. The contractors will manage, on the Agency's behalf, a process of formal public consultation on the draft maps. This process will be subject to Regulations yet to be written, but we anticipate that the process will include:

i. consultation with local access forums;

ii. consultation with Agency's regional partners;

iii. publication of unitary and county-level draft maps (usually at a scale of 1:25,000 but at a larger scale where necessary for the adequate depiction of detail);

iv. a public information campaign in the area being mapped; including depositing copies of draft maps at appropriate venues, making draft maps available over the Internet, publication and distribution of a range of publicity materials, provision of a national help line, and making presentations to, and hearing views from the public in a number of locations;

v. management of the response to the public consultation process through collation of responses, identification of areas where there are concerns, and the implementation of a process ( including, where appropriate, further discussion with local interests) to consider and conclude on any outstanding issues; and

vi. thorough documentation of the consultation process, including issues, representations, discussions and outcomes. 

Production of provisional maps

11. Once the period for making any appeals against the provisional maps has expired and any appeals have been determined, the provisional maps will be modified as necessary and published as conclusive maps. These will be the "definitive" maps of open country and registered common land for the purposes of Part I of the CROW Act, and will be deposited as a public record.

What will be shown on what map?

12. Although the statutory purpose of the draft, provisional and conclusive maps is limited to identifying open country and registered common land for the purposes of Part I of the Bill, there is other important information relating to the new right of access that may also be made available to help everyone interpret and understand what is intended. Annex 2 sets out the Agency's current thinking on how the provision of this additional, non statutory information might be addressed.

Mapping Time Table

13. The tender brief for mapping open country and registered common land in England was issued in August 2000. The closing date for the submission of tenders is 25 September 2000. The Agency hopes to be able to let the contract during November 2000, and currently expects it to run until December 2004. Annex 1 of this paper sets out the anticipated mapping and consultation timetable - though it should be noted that we expect a significant input from the appointed contractor, and may revise this timetable significantly to achieve efficient and cost effective working.

14. We expect the mapping work to be carried out in stages, with work in different regions starting at different times along the lines shown in Annex 1. The two initial test areas are: 

i. Cheshire, Lancashire, the Peak District National Park, Greater Manchester, Merseyside, Bradford, Calderdale and Kirklees; and

ii. Kent, West Sussex, East Sussex, Surrey and the neighbouring outer London boroughs of Hounslow, Richmond upon Thames, Kingston upon Thames, Merton, Sutton, Croydon, Bromley and Bexley.

15. In each 'region' it is anticipated that the mapping process from inception to the publication of the conclusive map will take approximately 22 months. The table below illustrates the sequence and approximate duration of each of the mapping tasks in one 'region'.

Annex 2
MAPPING ACCESS LAND

What will be shown on what map? (as at 6.9.00) 

Introduction

1. This is a working paper which sets out the Agency's current thinking on what information will be shown at each stage (draft, provisional and conclusive) of the statutory maps of access land. It explains how we propose to deal with a range of information which we are not statutorily obliged to show on the maps, and for which the maps will not in any case be the definitive legal record, but which will be important for the effective implementation of the new arrangements. It also explains our thinking on the relationship between the statutory maps and commercially published maps (including the OS 1:25,000 Explorer series).

2. This paper assumes that the Countryside and Rights of Way Bill will be enacted in its present form as far as it relates to the Agency's mapping duties and related issues; it refers henceforth to the Countryside and Rights of Way Act (the CROW Act). Clearly, if the relevant provisions of the Bill are amended, this paper will need to be reviewed and amended accordingly. 

3. This paper focuses on the mapping of information necessary for the implementation of Part I of the CROW Act. It does not deal with the mapping of area-wide access which is not relevant to the CROW Act (e.g. that secured through Inheritance Tax exemption or agri-environment schemes). We will be considering how best to identify and integrate access information of that sort as part of a separate National Access Database, the feasibility of which we are currently assessing in partnership with CCW and the OS.

Purpose of the statutory maps

4. As the Bill currently stands, the only statutory role of the maps is to show (for the purposes of this legislation only), and distinguish between:

a. registered common land; and

b. open country (i.e. mountain, moor, heath and down) which is not registered common land, 

but they will not be required to distinguish between the different types of open country.

Other potential uses of the statutory maps

5. As well as the boundaries of open country and registered common land, there is a range of other information which will need to be made available - to the public, owners and occupiers, and commercial map publishers - for which the statutory maps will probably be the most suitable basis. This includes:

a. the boundaries of s15 land which has been mapped as open country or registered common land (the access land regime will not apply to s15 land);

b. the location of land dedicated as access land under s16 (the instrument of dedication will provide the legal record of the boundaries of such land, but it will be sensible to show it alongside open country and registered common land, not least as a basis for restriction applications);

c. the location of access information points1; 

d. the location of means of access2; 

e. information about long-term or recurring restrictions; and

f. the location of significant areas of excepted land, where it is practicable to map this information.

6. Our current thinking is that, where this sort of information is shown on the statutory maps, it will be done by means of a series of additional layers of non-statutory information (i.e. presented in a way which makes it clear that these additional layers do not constitute the statutory record of the information they show). However, this is something that we will need to discuss in detail and agree with DETR.

What information will be shown at each stage of the statutory maps?

7. Clearly, much of the information listed at para 5 above will be developed or identified gradually, during the period between Royal Assent and the commencement of the right of access in any particular area. So, even where we wish to show such

1 Access information points will be places where visitors are able - and encouraged - to find a range of information about the relevant access land and their rights and responsibilities in using it. They will be located near particularly convenient means of access to the land in question, and where any local concentration of access would cause no harm.

2 Means of access are points where visitors can gain entry to (or across) the access land in question, e.g. via gates, stiles, gaps or bridges. Some, but not all, means of access will be the location of access information points.

3 The term "restrictions" is used in this paper to mean the exclusion or restriction of access in accordance with Chapter II of the CROW Act information on the statutory maps - and especially on the draft and provisional maps - we must recognise that it will often be incomplete.

8. However, we have stated our intention to open for business in respect of applications for restrictions or exclusions (on those grounds which are subject to an application regime) at the time we publish provisional maps. This will allow time for applications to be dealt with before conclusive maps are published.

9. Owners and occupiers contemplating applying for restrictions will wish to refer to the relevant statutory maps which show (for the purposes of the CROW Act) the boundaries of open country and registered common land. It will be sensible for the other essential information they need to be available at the same time and in the same place.

10. Owners and occupiers will be able to apply for restrictions or exclusions on land dedicated under s16, as well as on open country and registered common land, but not on s15 land (some of which will be mapped as open country or registered common land) . So it will be important for provisional maps to distinguish between access land (for the purposes of the CROW Act) and s15 land, and to show any land which has already been dedicated under s16.

11. Although restrictions on the grounds of nature conservation and heritage are not subject to an application regime under the CROW Act, they are likely to account for a significant proportion of the long-term or recurring restrictions. So it will be sensible to record this information as it becomes available (from draft maps onwards). This will enable the public to have a better understanding of which land will be accessible to them in practice, and will enable owners and occupiers to know which parts of their land are likely to be subject to restrictions for these purposes. 

12. We therefore envisage that, at each stage of the statutory maps, the following information will be shown (items in bold relate to the statutory purpose of the maps):

Draft maps

• boundaries of registered common land, as taken from the registers;

• draft boundaries of open country other than registered common land; and 

• available information on proposed access land which is likely to be subject to long-term or recurring restrictions for nature conservation or heritage reasons.

4 Although s15 land is not covered by the CROW Act restrictions regime, it may be subject to a range of different local restriction arrangements. That is not a matter for this paper, or for the statutory maps of access land, but will be considered in the wider context of the National Access Database. 

Provisional maps

• boundaries of registered common land, as confirmed with or without modifications following consultation;

• provisional boundaries of open country other than registered common land, as confirmed with or without modifications following consultation; 

• identification of s15 land;

• any access land dedicated under s16;

• the location of significant areas of excepted land, where it is practicable to map this information;

• available information on proposed access land which is likely to be subject to long-term or recurring restrictions for nature conservation or heritage reasons;

• available information on access information points; and

• available information on means of access.

Conclusive maps

• statutory boundaries of registered common land for the purposes of the CROW Act, incorporating any modifications required by the Secretary of State following the determination of any appeals;

• statutory boundaries of open country other than registered common land for the purposes of the CROW Act, incorporating any modifications required by the Secretary of State following the determination of any appeals;

• identification of s15 land;

• any access land dedicated under s16;

• the location of significant areas of excepted land, where it is practicable to map this information;

• available information on access land which is subject to long-term or recurring restrictions or exclusions in accordance with Chapter II (on any of the statutory grounds);

• available information on access information points; and

• available information on means of access.

Assuming that these last six sets of information (on s15 land, dedicated land, excepted land, restrictions, access information points, and means of access) are published in the form of additional layers of non-statutory information, they can be updated as often as is necessary, rather than being allowed to become out of date while waiting for the conclusive maps to be reviewed.

Potential fast-track right of access

13. In the event that the Government decides to commence the right of access to registered common land and/or land over 600m ahead of the production of provisional maps, there may be a need to publish separate interim maps of these areas, to provide a basis for restriction or exclusion applications.

Relationship between statutory maps and commercially published maps

14. In practice, we envisage the public using commercially publishes maps (e.g. OS Explorer maps and other) to locate and use access land. We will want such maps to show more than just the statutory boundaries of open country and registered common land, so, for instance, publishers will need reliable and convenient sources of information on features such as access information points and means of access. It seems sensible that we should arrange for this type of information to be collected centrally rather than relying on commercial map publishers to collect it themselves from a variety of sources. In the event that there were a delay between the commencement of the right of access in a particular area and the publication of commercial maps showing access land it will be important to have an alternative, comprehensive record of all relevant information (not just the statutory boundaries of open country and registered common land) available to everyone with an interest.

15. The precise relationship between the statutory maps and commercially published maps and guides will be governed by the agreement the Agency enters into with the publishers dealing with the supply of base data and the use of the products derived from it.

16. We have begun discussions with the OS about how access land might best be symbolised and how the boundaries of open country and registered common land, together with other relevant information, might best be depicted on maps. We are considering the possibility of piloting this during the consultation process on selected draft maps.

Conclusion

17. For all the reasons set out above it seems clear that the statutory maps of open country and registered common land will need to be accompanied by information on a number of other essential issues relating to the right of access and its management. For the moment, we believe that can best be achieved through making available to the public and commercial publishers, additional non-statutory information. The tender brief for our mapping contract makes provision for this.