Breadcrumbs
NCAF 9/1 Countryside and Rights of Way Act - what next?
3. This paper focuses on the implementation of Part I of the Act. Part II will also have several very important effects on countryside access through changes to the law for rights of way, and we will be considering this further in the new year.
The Countryside Agency's general approach.
4. Throughout the development of Government policy and
legislation on access the Agency (and its predecessor Countryside
Commission) has tried hard to maintain an objective, independent
and transparent approach. We have tried to ensure objectivity by
basing our policies and advice wherever possible on agreed facts -
undertaking original research where needed. We have acted
independently of any interest group and have given advice to
Government and others which we believed to be well founded (- even
when it ran counter to conventional wisdom or we knew that it may
not be well received). We have made all our advice and action
transparent to those with an interest and to the wider public -
through the use of our internet site and through public documents
to and meetings of NCAF and our Board.
5. We will continue to base our work on these principles, by
undertaking further research where necessary; by regularly
consulting expert and interested groups on the detail of our
preparations for implementation; by consulting widely on our
approach to mapping, the management of restrictions and a revised
country code; by undertaking widespread public consultation on
draft maps of open country; and by making full use of local
countryside access forums.
6. During the coming year we shall begin put in place comprehensive
(though proportionate) arrangements for monitoring and evaluation
of the effect of access on the ground and the effectiveness of our
administration of it, so that we are well informed about the actual
effect of our actions and can adjust our approach if need be.
7. We will strive to take full advantage of the opportunities that
the new legislation might bring for environmental, social and
economic improvement in some rural areas - by, for example, looking
for ways of linking access land management with the improvement of
certain habitats; by looking for ways of improving use by a wide
range of people, including disadvantaged or socially excluded
groups; and by seeking to gain local economic and social benefit
from the investment that will be necessary to secure proper
physical access and services for users.
Now what?
8. The primary legislation will need to be supplemented with
secondary legislation, statutory and other guidance and formal
operating procedures. Much of this will take place over the coming
year, during which we will also start to produce maps of open
country and registered common land. We think it will take 3 years
to produce maps for the whole of England and get all the operating
procedures in place. Assuming it takes a further year for appeals
against mapping to be heard and resolved it will be early 2005
before commencement of the new rights takes place throughout
England. The Act does, however, allow for the possibility of the
right coming into effect sooner on mountainous land over 600 metres
and on registered common land. The Government and the Agency will
be investigating the feasibility of this option.
9. Putting the Act into effect will be a collaborative process
involving the Agency, several other arms of Government, the
National Park authorities and local government. We will need to
work closely with the Countryside Council for Wales (CCW) and
Scottish Natural Heritage. We will need to keep in close contact
with representatives of user groups, land managers and voluntary
conservation organisations. We will need to keep the wider public
informed about our intentions and progress.
10. Appendix 1 lists the principle tasks that arise for the Agency
from the legislation and the outputs and timescale currently
planned. This plan will evolve - especially during the next 12
months - as we juggle the many tasks identified, and discover
more.
11. In the new year we will publish a short document setting out
what the legislation means for everyone, what rights and
responsibilities it will confer, what we are doing to help
implement it, and when we are doing it. This will help to inform
groups and individuals about what has happened and is happening. We
will use our web site and the specialist press for this purpose
too.
12. Resources permitting, we may consider working with and
supporting responsible information campaigns - for instance, to
make known the existing availability of access, and discourage
anticipatory use of prospective new access land. We also aim to
work with others to ensure that training is eventually available to
those directly involved in implementing or managing access.
13. The production of maps of open country will be the most
publicly visible process that we undertake, and the successful
implementation of the legislation rests to a large extent on how
well we conduct this exercise. There will, of course, be very
extensive consultation during the mapping process. We shall start
mapping in the North West and South East of England early next
year. Though technically complex, the process of producing draft
maps for consultation should, once the methodology is established
and tested, become relatively straightforward. Good consultation
will be at least as resource intensive as good mapping, but is the
key to a successful and least controversial conclusion.
14. We are in the process of letting a contract for the provision
of mapping and consultation services. This will also provide us
with the computer based monitoring, management and information
systems that we need to oversee progress and eventually operate the
restrictions and closures regime.
15. The provisions for necessary closures and restrictions to
access are one of the more complex elements of the legislation.
Making sense of it all to users and land managers, and making it
work in a fair, effective and efficient way is an interesting
challenge. A 'restrictions working group' comprising the parties
responsible for running the system are jointly putting together
detailed proposals. We intend to consult widely on the
implementation details next year.
16. The legislation makes provision for institutional and
individual dedication of access, in perpetuity, for a variety of
purposes. We believe that this could lead to a significant increase
in both large and small scale access provision for a variety of
users - including cyclists and horse riders - in a way that the
CROW legislation does not. It could, for instance, provide a useful
new and simple means of securing access to open space in towns and
villages (like Millennium Greens), and the wider countryside. There
is considerable scope for local and central Government to set an
example through the dedication of appropriate land held in public
ownership. The Forestry Commission have already shown interest in
this as a way of securing public access to their main forests. We
will be discussing with the Forestry Commission and others how best
to encourage private individuals to make use of this power. A
programme of technical and financial support could yield
significant value for money through targeted access creation,
particularly near to and within settlements. We intend to publish
some preliminary guidance on the use of these new powers during
2001.
17. Other significant tasks include:
a. continued research into access management, including demand
assessment; fire risk assessment and control and visitor
safety;
b. liaison with local authorities about the establishment of local
access forums;
c. the design of incentive schemes to ensure the provision of
adequate means of access, to provide information to visitors, to
improve the quality and continuity of access land.
Advice from the National Countryside Access
Forum
18. NCAF has made a very significant contribution to the
development of policy and practice and the Agency wish to see this
continue through the important implementation process ahead of
us.
19. The coming year will see rapid development of the detail of
implementation. The process will be involve consultation or
collaboration with many organisations. Several of the most
important processes (like mapping, the operation of the closure and
restriction regime and the development of the new country code)
will involve widespread consultation to a strict timetable. It will
be very important to keep to the timetable we have set
ourselves.
20. It will not be possible to consult NCAF (or indeed, the Agency
Board) in detail, in advance, on every element of these processes.
We propose instead to:
a. provide strategic papers (like this one) to NCAF meetings, to
help structure general advice on the implementation process;
b. provide reports or presentations on progress and seek advice
about major processes (like mapping) at appropriate stages
throughout the year;
b. circulate papers on some important specific issues (like
closures and restrictions) for comment by correspondence when
action is necessary between meetings;
c. establish a regular bulletin to keep NCAF and others up to date
with activity and progress.
21. Of course, NCAF members may contact the access team between
meetings if they need information or wish to offer advice about any
particular area of activity. Susanna Perkins is normally the first
point of contact for any enquiries.
Conclusion
22. This is an enormous opportunity to achieve some very
significant benefits for both the rural and urban population of
England. The Agency is proud to be trusted with such significant
responsibilities, and determined to carry them out effectively,
with sensitivity to all of the interest involved.
23. We must develop fair and durable procedures and mechanisms.
This will require a sustained effort over several years, and the
maintenance of strong partnerships with other implementation bodies
and the main interest groups.
