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Right to roam
There are two websites that can be used to find out information about open access: The Open Access Website for England, accessible at www.openaccess.gov.uk/wps/portal. The new website also provides advice to owners and land managers on how to manage public access, including the use of legal powers to restrict the new access rights where necessary under the Access to the Countryside (Exclusions and Restrictions)(England) Regulations 2003 (SI 2003 No. 2713).
An explanation of the mapping scheme and details of the maps can also be found on the Countryside Agencys mapping site dealing with access to land.
Articles:- Access all areas?(1) by James Pavey, Knights solicitors First in a series of two articles exploring CROW from the point of view of landowners and their advisers. (Solicitors Journal 24 September 2004, p1078
- Access all areas?(2) by James Pavey, Knights solicitors Second article dealing with the controls that a landowner can exert under CROW. (Solicitors Journal 1 October 2004, p1107
CROW new regulations
The Access to the Countryside (Dedication of Land) (England) Regulations 2003 (SI 2004 of 2003) - makes provision, with effect from 1 September 2003, for the steps to be taken when land is dedicated as access land under section 16 of the 2000 Act.
The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (SI 2713 of 2003) - makes provision, with effect from 17 November 2003, for the exclusion or restriction of access under sections 22, 24 and 25 of the 2000 Act. Those sections permit owners, at their discretion, to exclude access for up to 28 days a year save certain holidays and summer weekends and to exclude those with dogs from grouse moors and, by the direction of the relevant authority, to exclude or restrict access for land management purposes or for the avoidance of risk of fire or danger to the public.
Appeals under section 38 of CROW
Section 35 of the Act relates to agreements between access authorities and owners and occupiers of land with respect to the means of access to access land. Section 36(3) of the Act provides that, if an owner or occupier fails to observe any restriction in an agreement under section 35 of the Act, the access authority may give him notice to carry out works to remedy the breach of the restriction. Section 37 of the Act enables an access authority to carry out works to provide means of access to access land where the authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 of the Act. Before carrying out those works the access authority must, under section 37(1) of the Act, give notice to the owner and occupier that the authority intends to carry out the works specified in the notice. Section 38(1) of the Act gives the owner and occupier the right to appeal against a notice under section 36(3) or 37(1). These Regulations provide for the period within which, and the manner in which, appeals under section 38(1) of the Act are to be brought and also make provision for the advertising of these appeals and for the appeal procedures. In force 6 January 2005
The Access to the Countryside (Means of Access, Appeals) (England) Regulations 2004
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