Breadcrumbs
NCAF 9/4 Access and Nature Conservation
Background
2. Public access and nature conservation already co-exist
harmoniously in many places. Many sites rich in wildlife, including
areas designated for their national or international importance are
already open to the public by right, permission or tolerance.
Enjoyment of wildlife, and of the natural and semi-natural
environment builds knowledge and understanding of, and support for
nature conservation. Public access on its own is rarely a threat to
the conservation resource, and helps build support for protection
against serious threats like agricultural intensification and
development.
3. Nevertheless, the CROW Act recognises that the people - and
their dogs - may in certain situations be harmful to some wildlife
and geological or physiographic features. So the Act provides the
Agency, the National Park Authorities and the Forestry Commission
with powers to exclude or restrict access where necessary to
conserve nature. In using these powers the Agency must:
a. have regard to the advice of EN;
b. fulfil its duty as a "Section 28G authority "; and
c. fulfil its duty as a "competent authority "
4. The Agency and EN have jointly taken steps to clarify the
precise extent of these responsibilities. It would appear
that:
a. the mapping of land as open country or common land will not in
itself constitute a "plan or project" for the purpose of the
Habitats Regulations;
b. our duties apply at the time when we decide whether or not to
impose exclusions or restrictions under Clause 26 of the CROW
Act;
c. decisions as to whether or not to restrict access will not
constitute an "operation" for the purpose of the new s28I of the
1981 Act; and
d. the Agency will be bound by its general duties as a s28G
authority to take reasonable steps to further the conservation and
enhancement of SSSI's
Our general approach to implementing Clause
26
1. Our approach to implementing Clause 26 is explained in the
formal agreement between the Agency and EN, signed in July 2000 and
attached at Annex 1. The approach has three stages:
a. EN identifies areas of potential nature conservation
sensitivity;
b. the Agency assesses the likely level and pattern of access;
and
c. in the light of this information, the agencies jointly determine
what action, if any, is appropriate to safeguard nature.
Identifying potential nature
conservation sensitivity
1. EN will advise the Agency of the nature and location of
important nature conservation interests potentially vulnerable to
access. Vulnerability will be assessed at the population or habitat
level for any given site. In order that this process should be
fully informed by the wider nature conservation community the
agencies have established a Wildlife and Access Advisory Group
(WAAG ), which is helping to identify vulnerable habitats and
species. The group has also invited species and habitat specialists
to draft advice on vulnerability based on wide consultation within
the nature conservation community. This advice will extend the
information that EN can draw on in giving its advice to the
Agency.
2. EN and the Agency are also developing a framework to inform
their priorities for further research relevant to nature
conservation and access.
Assessing the level and pattern of
use
1. The Agency is currently reviewing techniques for assessing
likely levels and patterns of use of access land. Our intention is
to identify an approach which makes best use of information on
factors like proximity to centres of population; existing tourist
centres; transport routes; location of car parks, access points and
attractions (like waterfalls or viewpoints). This will be used with
more local information to anticipate the possible extent and
pattern of use of newly available access land of all types.
Determining what if any action is
required
1. The Countryside Agency and EN will jointly consider what action
is needed in any particular area
2. In the majority of situations where action is required we
anticipate that relatively simple practical management measures
will provide effective solutions . These may include, for example,
the identification of routes to the most obvious objectives for
walkers that avoid sensitive areas; information about nature
conservation features which need special care; and the careful
siting of car parking and easy physical access points. The most
effective techniques accommodate rather than frustrate known
visitor preferences, and are often very simple and cheap to
implement.
3. Where the agencies conclude that management solutions will not
provide adequate protection they will consider options for some
form of statutory exclusion or restriction. In doing so we will
look for the least restrictive option that will safeguard important
nature conservation interests. Where access and nature conservation
are irreconcilable, conservation will prevail, but we expect
permanent closure of land to be necessary only in exceptional
circumstances.
4. The CROW Act requires statutory restrictions or exclusions to be
reviewed every five years. But we should be capable of learning
quickly from the experience of operating both statutory and non
statutory measures. Where circumstances change or new information
comes to light the situation will be reviewed and measures adjusted
as necessary. The appended agreement commits the two agencies to
putting in place an appropriate monitoring regime, aimed at
checking the effectiveness of nature conservation
measures.
Guidance to the National Park Authorities
and Forestry Commission
1. The CROW Act requires the Agency to provide guidance to the
National Park Authorities and the Forestry Commission (the other
'relevant authorities' in England for the purpose of restrictions
and exclusions). The nature conservation element of this advice
will reflect the approach set out in the EN/CA agreement.
Nature conservation and access land -
