Breadcrumbs
NCAF 9/2 Local Access Forums - an update
Background
2. The Government's 'Framework for action on access to the countryside', published in March 1999 proposed the establishment of non-statutory local access forums. The Countryside Agency was asked to prepare good practice guidance on the establishment of these forums for local and national park authorities.
3. In May 2000 the Agency's Board approved draft guidance which had been developed following advice from the Forum and research on existing mechanisms for liaison and consultation on countryside access. The Agency's north-west and south-east regional access units held seminars to discuss the draft guidance with local authorities and these regions have continued to advise local authorities on the establishment of local access forums. This early work on local access forums was based on the assumption that they would be non-statutory bodies.
Amendment of the Bill in relation to local access forums.
4. During the passage of the Bill through Parliament the Government agreed to give local access forums a more formal status. During report stage in the House of Lords the Bill was amended to require:
a. the establishment of local access forums by most local highway authorities and National Park authorities;
b. these forums to advise highway authorities, National Park authorities, the Countryside Agency and others "as to the improvement of public access to land in that area for the purposes of open-air recreation and the enjoyment of the area, and as to such other matters as may be prescribed";
c. the bodies being advised to "have regard, in carrying out their functions to any relevant advice given to them by a local access forum...";
5. Regulations will cover the detail of membership,
though they must include representatives of users of local rights
of way or access land; representatives of owners and occupiers of
access land or land over which rights of way exist; and
representatives of other local interests. In making regulations the
Secretary of State will attempt to maintain a reasonable balance
between the number of members from the user and owner/occupier
categories mentioned above. Regulations will also cover the scope
for joint forums.
6. In carrying out its functions, a local access forum will be
required to have regard to the needs of land management; the
desirability of conserving the natural beauty of the area.....; and
any guidance given by the Secretary of State.
7. Relevant decision-making bodies will be required to have regard to forums' views in reaching decisions in relation to draft maps; the appointment of wardens; long-term restrictions; proposals for byelaws; and wider access issues contained in rights of way improvement plans;
8. At the time of writing the Bill still has to complete its passage through Parliament. There will be an oral update on any further developments at the meeting.
Countryside Agency action
9. The Agency had originally intended (subject to Government funding) to support the establishment of local access forums in various ways. This will no longer be necessary. As appointing authorities will now be under a new duty to establish forums funding for this purpose is expected to be provided directly by Government through the normal local authority funding process.
10. The Agency will be required to have regard to local forums' views on draft maps of registered common land and open countryside and in reaching decisions on indefinite restrictions, or restrictions for longer than six months. The Agency will ensure that its operating procedures accommodate these requirements. We may, in addition, take advice from local forums early in the mapping process and again when confirmed maps are about to be published.
11. The Agency will continue to work closely with the Department of the Environment, Transport and the Regions to help develop the necessary regulations and other informal guidance for local authorities and local forum members. We will also consider, resources permitting, whether we could usefully co-ordinate suitable training for new forum members.
12. The Agency will also consider whether to produce some informal advice on good practice to appointing authorities in the lead areas for access mapping.
