The Right to Roam – an Overview.

1st January 2004

T. Wyn Jones

The desire to open up access to the countryside has been around since the middle of the 19th century but now the Countryside and Rights of Way Act 2002 has finally delivered the right to roam albeit over limited areas and subject to a variety of exceptions, exclusions, and restrictions.

The sequence of events is firstly the relevant agency (the Countryside Agency in England and the Countryside Council for Wales) prepare a ‘draft map’ (these have mostly been completed). Interested bodies can then make representations following which a ‘provisional map’ is prepared incorporating any modifications arising from the consultation process. Parties may appeal against the inclusion of land at this stage but only on certain basis.

Once all appeals have been resolved or withdrawn, a ‘conclusive map’ is prepared and only at this stage does the right to roam come into force. The conclusive map is similar in many ways to the definitive map used for public rights of way and it is reviewed at 10 yearly intervals.

The public’s right of access to the identified land may none the less be restricted or excluded. For example restrictions may include use of specified routes or access points onto the land. Also restrictions on dogs, for example farmers owning land used for lambing may exclude dogs for up to six weeks in any year. In addition the public may be excluded from the land for up to 28 days a year.

By approximately 2005 all of England and Wales will have conclusive maps and the public will have a right of access to all ‘open country’ and registered common land. However there does appear to be a public perception that the right to roam extends to the whole countryside. This is incorrect. The Act actually opens up quite limited areas, much of which was accessible previously.

The main problem for the public is to know which areas are excluded and where these exclusions and restrictions apply since these areas are not marked on the maps,

The main problem for those involved in the ownership and/or management of land? To my view it will be to make the public aware of precisely what they can and cannot do, and where they can do it.

Wyn Jones is a partner of McCartneys, Auctioneers, Surveyors & Property Agents. For further information on Property Matters he can be contacted on Tel 07702 722905 or by e-mail on wyn@mccartneys.co.uk. Further information on access to the countryside can be obtained from the Countryside Agency web site at http://www.countryside.gov.uk or the Countryside Council for Wales at http://www.ccw.gov.uk where also the various maps can be viewed.