Indefinite Direction to exclude open access at Sealand Ranges
Published 20 January 2025
© Crown copyright 2025
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This publication is available at https://www.gov.uk/government/consultations/indefinite-direction-to-exclude-open-access-at-sealand-ranges/indefinite-direction-to-exclude-open-access-at-sealand-ranges
1. Site
Sealand Ranges complex.
2. Region
Wales and West.
3. Internal review date
28 November 2024.
4. Section 28 term
- Short-Term Section 28 Direction (in place): 19 November 2024 to 20 May 2025
- Indefinite Direction proposed
5. Site description
The Sealand Ranges complex is a small arms firing range situated on the Dee Estuary.
The Range is 1,084 acres in size, characterised by the large expanse of tidal marsh land which encompasses the Range Danger Area (RDA), with the live firing ranges and range operative complex situated along the eastern edge of the estuary.
The RDA reaches approximately 2.3km from the sandbank and target line and is flanked by the River Dee to the southwest and the village of Nessholt, Cheshire. Red warning flags and signs mark the range boundary.
The Sealand Ranges Byelaws 1972 support functioning of the range, making it an offence for the public to enter whilst the range is open. The Byelaws do not cover the full extent of the MOD’s ownership, hence the requirement to apply a Section 28 Direction.
Sealand Ranges includes a Site of Special Scientific Interest (SSSI).
6. Description of military use
The site is an active small arms range with standard operating hours throughout the week. These can be extended on request should the MOD wish to conduct supplementary training activity such as night shooting.
The range supports all in-service MOD small arms weapons up to a calibre of .338. The range is also used by the Greater Manchester and Merseyside Police firearms units and civilian shooting clubs.
When the range is active, red flags are raised or red lights switched on and the range user provides sentries.
7. Current public access
There are no public rights of way within the RDA.
The King Charles III England Coast Path and National Cycle Route 568 follows part of the range access road (Weighbridge Road, Zone 4 of the Deeside Industrial Estate) and runs along the northeast boundary of the site. The routes are not affected by range use.
A Short-Term Section 28 Direction is currently in place to exclude public open access (see section 8 below) to the parcel of land depicted in the accompanying map.
8. Reasons for the direction
The Sealand Ranges Byelaws 1972 do not cover the full extent of the land holding. This area of land is depicted in the accompanying map.
A byelaws review to amend the boundary is not scheduled.
As the King Charles III England Coast Path runs along the Sealand Ranges boundary the area of landholding not covered by byelaw is automatically subject to coastal margin under the Marine and Coastal Access Act 2009. Such public open access puts the public at risk and / or impacts safe functioning of the range.
A Short-Term Section 28 Direction is currently in place to exclude public open access from this parcel of land. An Indefinite Section 28 Direction is required to support public safety and to support Defence in the ongoing military use of the site.
9. Additional information and terminology
9.1 Section 28 Direction
Section 28 of the Countryside and Rights of Way Act 2000 (CROW) allows the Secretary of State for Defence to exclude or restrict access by direction to any land for the purposes of defence or national security.
A Direction can be made indefinitely or for short or long term periods. All indefinite Section 28 Directions must be reviewed every 5 years.
The Direction only applies to CROW access rights. Any existing rights or permissions are not affected by this Direction.
9.2 MOD land
All Ministry of Defence (MOD) land was included in the original Countryside Agency (CA) (now Natural England) mapping exercise to identify land that fell into the mountain, moor, heath, down and common land categories.
Under the Marine and Coastal Access Act 2009 these landscape categories also include coastal land used to create the coastal path and adjacent coastal margin.
The majority of MOD sites are subject to byelaw. Under Schedule 1 Part I Section 13 of CROW land subject to byelaw is automatically excepted from this legislation.
9.3 MOD land not covered by byelaw
Some sites are not subject to byelaw. In other cases byelaws still relate to an original land holding which has been extended, but the byelaws were not updated. The ongoing byelaws review should resolve these issues.
9.4 MOD byelaws review
The byelaws review is an MOD-wide review of all Defence properties that require byelaws. The review will refresh and update existing byelaws and, where needed, create new byelaws for sites currently operating without them. The review will take several years to complete.
9.5 Ordnance Survey and Natural England maps
In discussion with Ordnance Survey (OS), Countryside Agency (CA) (now Natural England) and Defra in 2007 it was felt appropriate for reasons of public safety and security that Section 28 areas would not be shown on public maps in line with land under byelaw. These Section 28 Direction areas will, therefore, not have the yellow colour wash applied to maps published by both OS and Natural England. This approach supports public safety and site security.
9.6 Consultation process
The Section 28 Direction consultation process is set out in The Access to the Countryside (Exclusions and Restrictions) Regulations 2003. DIO is required to consult with:
- local access forums
- British Association for Shooting and Conservation
- British Mountaineering Council
- Natural Resources Wales (in respect of any land in or adjoining Wales)
- Country Land and Business Association
- National Farmers’ Union
- Open Spaces Society
- Ramblers’ Association
DIO is also required to inform the following of the Direction:
- the Relevant Authority (the National Park Authority, appropriate countryside body or Forestry Commissioners, depending on where the land subject to the direction is situated)
- the Access Authority for the area in which the land subject to the direction is situated
- the owner of the land, if it is reasonably practicable to do so
To enable the public to comment all Direction documents can be viewed on GOV.UK, as set out in the 2003 Regulations.
9.7 Military terms explained
Dry Training – military training that does not involve the use of live ammunition. It can involve vehicles (including armoured vehicles) and the use of blank ammunition and pyrotechnics to impart an element of realism.
Danger Area – an area where there is a risk that bullets or munitions could injure or kill people. The danger templates for all types of weapons are calculated by a technical advisory team and kept under review. They are designated by red flags (or red lamps at night) and signs warning of the danger.
Impact Area – the area within a Danger Area where live munitions land.
Pyrotechnics – fireworks that simulate the sounds or appearance of grenades, illumination flares or smoke shells.
Red Flag Rule – when the red flags are raised or red lamps are lit no public access is permitted.
Secure Site – a secure site is generally, but not always, subject to Military Byelaws. The public are excluded on the grounds of safety or security.
10. Contact us
For all queries please contact the DIO Public Access and Recreation Advisory Team by email: