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06/01/2005

Right of access to the countryside - New appeals process for landowners



Owners or occupiers of land covered by the new right of access may appeal to the Secretary of State if served with a notice requiring a means of access for walkers under new regulations which come into force today.

Access authorities (National Park authorities and the local highway
authorities) have powers under the Countryside and Rights of Way Act 2000 to make agreements with the owners and occupiers to improve ways on to newly mapped open access land.

An agreement could include the provision of new gates, stiles, stairs, steps or bridges. Landowners may also agree not to block existing means of access.

If the owner or occupier does not abide by an agreement or an agreement cannot be reached on reasonable terms, the access authority may serve a notice requiring the owner or occupier to carry out any works specified by the agreement or to provide a new means of access.

If an owner or occupier fails to comply with the notice, the access authority could carry out the work itself and recover the cost. The new regulations under Section 38 of the Act provide a right of appeal for the landowner against such notices.




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