Countryside and Rights of Way Act 2000
What is the Countryside and Rights of Way Act 2000?
The Countryside and Rights of Way Act 2000 (CRoW) is a major piece of legislation in England and Wales that provides the general public with a right of access to certain types of land.
Often called the right to roam, it allows people to explore the landscape for open-air recreation without being confined to paths.
As well as confirming clear rules for mapping open countryside and improving public rights of way, the Act sets out stronger protection for our most sensitive habitats and nature conservation sites.
Why Was the Countryside and Rights of Way Act 2000 Released?
Up until the year 2000, access to the hills and mountains across the British Isles was usually restricted or unclear.
The government then introduced the Countryside and Rights of Way Act 2000 to create new opportunities for members of the public to enjoy the health benefits of the outdoors.
Other than public access, CRoW was brought in to address a pressing need to modernise wildlife protection and give Natural England, Natural Resources Wales and the Forestry Commission better tools to manage areas of outstanding natural beauty (AONB) and sites of special scientific interest (SSSIs).
How Important has the Countryside and Rights of Way Act 2000 Become?
Based on years of being effective, the Act is now the primary framework for managing access to the countryside, ensuring that enjoying access is balanced with the needs of those who live and work in rural areas.
Through establishing local access forums, the legislation has created a way for different groups to discuss how to manage local access fairly.
In addition to that, it has also been vital in heritage preservation, ensuring that historic landscapes and national parks remain protected from modern pressures.
Crucial Schedules in the Countryside and Rights of Way Act
The Act categorises CRoW access land as down, health, moor, mountain and registered common land. It also defines excepted land, where the right to roam doesn’t apply for safety and/or privacy reasons, with livestock parks, courtyards land and gardens land covered by the exclusion.
For health and safety purposes, Schedule 1 ensures that the general public doesn’t use the right of access on active mineral workings, railways, tramways, golf courses, race-courses, aerodromes land or near sensitive infrastructure like electricity substations, wind turbines and telephone masts. It also excludes grouse moors during certain management periods to protect ground-nesting birds and rural livelihoods.
How is the Countryside and Rights of Way Act Enforced?
Enforcement of the Act is a shared responsibility between multiple relevant authorities.
If access rights are ignored or blocked, the local authority, local highway authority or national park authorities have the power to intervene and make sure that any land mapped as accessible remains open to the public.
Alternatively, if people on the land leave gates open, damage land management assets or breach other areas of the countryside code, local wardens or the police can step in to enforce the rules of the new statutory rights.
Countryside and Rights of Way Act Penalties
Under the Act, the harshness of the penalties varies based on the severity of the breach.
For the general public, failing to respect open country restrictions can result in a 72-hour suspension of public access rights, whereas, for land managers or a land owner, failing to comply with SSSI management orders can lead to heavy fines.
Any illegal obstruction of open access land can result in formal notices from your local council, leading to the removal of obstructions at the owner’s expense.
Link Between the Countryside and Rights of Way Act and Planning
Across the planning process, the Countryside and Rights of Way Act 2000 is a critical consideration, especially for developments near village greens or the coastal margin.
Developers and planners need to assess how a planning proposal affects the general public’s ability to enjoy the landscape. If a development impacts a Rights of Way Improvement Plan (RoWIP), the developer may be required to provide alternative routes or mitigation.
Formerly advised by the Countryside Agency and the Countryside Council, conservation boards usually act as statutory consultees to ensure that the natural beauty of the area is not compromised by new infrastructure or increased road traffic.
Why are Surveys Needed to Meet the Countryside and Rights of Way Act?
In order to confirm that a planning project sits on protected land or affects specific rights of way, certain surveys and reports are needed.
For instance, a Landscape and Visual Impact Assessment (LVIA) helps with any overlap between the site and protected landscapes, and a Preliminary Ecological Appraisal (PEA) helps with ecological features on the site.
With the support of a landscape or ecology survey, the local planning authority can get the further information it needs to be sufficiently satisfied that you’re dealing with sensitive habitats and open access land correctly.
By following the next steps and guidance provided by relevant surveys and reports, you can avoid accidentally triggering a breach of the Act, such as interfering with traffic regulation orders or damaging a site of conservation importance.
Adhering to the CRoW Act and Other Relevant Legislation
Not only is it sometimes complicated to understand the input of specific laws when it comes to planning, but legislation can overlap with each other. For instance, parts of the Countryside and Rights of Way Act 2000 cross over with the Wildlife and Countryside Act 1981.
At any point that you need help with understanding CRoW or other acts of legislation, or if you need to book a specific survey or want help with working out what service you need, speak to Arbtech for professional advice.
You can either fill out a quote form on our website, email us directly or speak to our helpful team over the phone. From there, you will be given a free quote for any work you need and expert guidance on what you need to do to move forward with your development plans.
