Rover's Right to Roam was published in Dogs Monthly in November 2005.
A revolution has been taking place across England and Wales since September 2004. It’s called the “Right to Roam” and gives us all new rights of access to areas of countryside that previously we’ve been refused entry.
The Countryside and Rights of Way Act 2000 began the legal process in England and Wales, whilst in Scotland the Land Reform (Scotland) Act 2003 has revised their existing access rights and countryside code of conduct. In England for example, this will open up more than 4,000 square miles for exploration, some 8% of the country, and in Wales just over a fifth (20%). With these rights come responsibilities though, and for dog owners there are additional guidelines that we need to be aware of.
England has been divided into 8 areas (South East, Lower North East, Central South England, Upper North West, North East, South West, West and the East). On 19th September 2004 the first areas of Open Access land were officially launched, in parts of the North West and South East of England. The process has been staggered because of the sheer volume of work that is required. Ordnance Survey has had to re-map the whole country to enable these new areas of access land to be marked on their detailed orange Explorer Maps. The whole process will be complete in England and Wales by the end of 2005, with most areas being open now. To check your area visit www.countrysideaccess.gov.uk.
But what exactly does open access mean? The new right to roam gives us the opportunity to walk freely across designated open access land without the need to stay on a footpath. Most activities that are normally carried out on foot are allowed on open access land. This means that walking, sight seeing, bird watching, painting, photography, climbing and running are generally permitted. If it’s a nice sunny day, you can even enjoy a picnic on open access land, although you mustn’t light a fire or leave behind any rubbish.
Cycling and horse riding is not allowed, which means that people participating in these activities will have to remain on country lanes and bridleways. However, if a bridleway crosses an area of access land, the horse-rider or cyclist can still use the bridleway, but must not deviate from it.
Open access land is classified as areas of mountain, moor, heath, down-land and registered common-land. The Forestry Commission has also used the opportunity to open up more of their land for permanent access, which means that another 700 square miles of forest are available for exploration.
Open access land will be marked clearly on the new Ordnance Survey maps and also in the countryside using a new brown and white symbol at various entry points to the areas. However, even though this land has been opened up, it is not a complete free-for-all. There are still some restrictions that you should be aware of.
The ownership of open access land has not changed. Landowners have the right to restrict access for any reason for up to 28 days each year. They can also apply for longer closures which can be for any number of reasons including safety, if there’s an increased risk of fire, or any other land management issue. Notices will be erected when closure takes place in the locality, although the websites listed below will also detail the information. The best policy is to check before you set out if you can.
There are also several exceptions to the new right to roam, even though you may be walking on open access land. You have no right of access to quarries, railways and tramways, golf or race courses, aerodromes, arable land, temporary livestock pens or racehorse training gallops, even though they may be in a designated open access land area. Similarly, land directly beneath wind turbines or telephone masts is out of bounds. You are not allowed within 20 metres of a house, building containing livestock, or courtyard.
Whilst you are not permitted to wander into private gardens located on open access land, if a public right of way crosses it, then this is still permitted. Open access land does not affect rights of ways such as footpaths and bridleways.
For dog owners there are additional responsibilities, although most of them are common sense. Between 1st March and 31st July all dogs must be on a lead which is no more than 2 metres long, when on open access land. This timescale covers the main breeding period for ground-nesting birds and its goal is to minimise disturbance. Dogs must be on a lead at all times of the year on open access land where livestock can be found nearby.
Some landowners have the right to exclude dogs from open access land at other times of the year, such as Grouse moors. If this applies, notices will be available locally.
If you do not behave responsibly on open access land or you demonstrate that you are not in control of your dog, you can be asked to leave the area. Your right of access can be withdrawn for up to 72 hours, and if you persist in breaking the rules the landowner has the right to obtain a court injunction forcing you to stay away.
Open access land is a great opportunity to explore areas of England and Wales to which we’ve previously been denied admittance. Many more beautiful views are waiting to be discovered, and this is a perfect excuse to get some more fresh air. The Countryside Agency recently revamped the Countryside Code which applies wherever you are in the Countryside and not just on open access land.
• Be safe – plan ahead and follow any signs.
• Leave gates and property as you find them.
• Protect plants and animals, and take your litter home.
• Keep dogs under close control.
• Consider other people.
Open access land provides even more of an excuse now to go walkies! Go and explore somewhere new. Both you and your dog have the right.
Further Information
For up-to-date information and restrictions visit:
England: www.countrysideaccess.gov.uk
Wales: www.ccw.gov.uk
Scotland: www.snh.org.uk
The Countryside and Rights of Way Act 2000 began the legal process in England and Wales, whilst in Scotland the Land Reform (Scotland) Act 2003 has revised their existing access rights and countryside code of conduct. In England for example, this will open up more than 4,000 square miles for exploration, some 8% of the country, and in Wales just over a fifth (20%). With these rights come responsibilities though, and for dog owners there are additional guidelines that we need to be aware of.
England has been divided into 8 areas (South East, Lower North East, Central South England, Upper North West, North East, South West, West and the East). On 19th September 2004 the first areas of Open Access land were officially launched, in parts of the North West and South East of England. The process has been staggered because of the sheer volume of work that is required. Ordnance Survey has had to re-map the whole country to enable these new areas of access land to be marked on their detailed orange Explorer Maps. The whole process will be complete in England and Wales by the end of 2005, with most areas being open now. To check your area visit www.countrysideaccess.gov.uk.
But what exactly does open access mean? The new right to roam gives us the opportunity to walk freely across designated open access land without the need to stay on a footpath. Most activities that are normally carried out on foot are allowed on open access land. This means that walking, sight seeing, bird watching, painting, photography, climbing and running are generally permitted. If it’s a nice sunny day, you can even enjoy a picnic on open access land, although you mustn’t light a fire or leave behind any rubbish.
Cycling and horse riding is not allowed, which means that people participating in these activities will have to remain on country lanes and bridleways. However, if a bridleway crosses an area of access land, the horse-rider or cyclist can still use the bridleway, but must not deviate from it.
Open access land is classified as areas of mountain, moor, heath, down-land and registered common-land. The Forestry Commission has also used the opportunity to open up more of their land for permanent access, which means that another 700 square miles of forest are available for exploration.
Open access land will be marked clearly on the new Ordnance Survey maps and also in the countryside using a new brown and white symbol at various entry points to the areas. However, even though this land has been opened up, it is not a complete free-for-all. There are still some restrictions that you should be aware of.
The ownership of open access land has not changed. Landowners have the right to restrict access for any reason for up to 28 days each year. They can also apply for longer closures which can be for any number of reasons including safety, if there’s an increased risk of fire, or any other land management issue. Notices will be erected when closure takes place in the locality, although the websites listed below will also detail the information. The best policy is to check before you set out if you can.
There are also several exceptions to the new right to roam, even though you may be walking on open access land. You have no right of access to quarries, railways and tramways, golf or race courses, aerodromes, arable land, temporary livestock pens or racehorse training gallops, even though they may be in a designated open access land area. Similarly, land directly beneath wind turbines or telephone masts is out of bounds. You are not allowed within 20 metres of a house, building containing livestock, or courtyard.
Whilst you are not permitted to wander into private gardens located on open access land, if a public right of way crosses it, then this is still permitted. Open access land does not affect rights of ways such as footpaths and bridleways.
For dog owners there are additional responsibilities, although most of them are common sense. Between 1st March and 31st July all dogs must be on a lead which is no more than 2 metres long, when on open access land. This timescale covers the main breeding period for ground-nesting birds and its goal is to minimise disturbance. Dogs must be on a lead at all times of the year on open access land where livestock can be found nearby.
Some landowners have the right to exclude dogs from open access land at other times of the year, such as Grouse moors. If this applies, notices will be available locally.
If you do not behave responsibly on open access land or you demonstrate that you are not in control of your dog, you can be asked to leave the area. Your right of access can be withdrawn for up to 72 hours, and if you persist in breaking the rules the landowner has the right to obtain a court injunction forcing you to stay away.
Open access land is a great opportunity to explore areas of England and Wales to which we’ve previously been denied admittance. Many more beautiful views are waiting to be discovered, and this is a perfect excuse to get some more fresh air. The Countryside Agency recently revamped the Countryside Code which applies wherever you are in the Countryside and not just on open access land.
• Be safe – plan ahead and follow any signs.
• Leave gates and property as you find them.
• Protect plants and animals, and take your litter home.
• Keep dogs under close control.
• Consider other people.
Open access land provides even more of an excuse now to go walkies! Go and explore somewhere new. Both you and your dog have the right.
Further Information
For up-to-date information and restrictions visit:
England: www.countrysideaccess.gov.uk
Wales: www.ccw.gov.uk
Scotland: www.snh.org.uk