Open access land and the coastal margin: how to restrict public access
As an owner or manager of land, understand how to restrict public access for land management, public safety or fire prevention reasons.
Applies to England
The Countryside and Rights of Way Act 2000 (CROW Act) normally gives a public right of access to land mapped as open country (mountain, moor, heath or down) or registered common land. These areas are known as ‘open access land’.
The online maps show if the public has a right of access to land. They also have details of any local restrictions or exclusions that limit the public’s rights over them. Some of the mapped areas do not have access rights because they are excepted land.
Much of the coastal margin that’s being created as part of the work to implement the King Charles III England Coast Path is also open access land. Open stretches of the King Charles III England Coast Path are shown on the National Trails website
You can use informal measures such as signage to help manage public access and avoid conflict with your land management activities. Signs or verbal requests can be more effective than legal restrictions. You may be able to limit a public right of access under the CROW Act if you own or have a legal interest in the land. These are known as restrictions.
You cannot use these powers to restrict access on:
- footpaths, bridleways or other public rights of way
- areas where CROW rights don’t apply, including open access land that existed before the CROW Act
Restrictions you do not need to apply for
28-day restrictions
You can exclude or restrict public access rights for up to 28 days per calendar year except for land in the coastal margin. On tenanted land, the farm tenant has the 28-day restrictions allowance, not the land owner.
You cannot use these restrictions on:
- bank holidays, Christmas Day or Good Friday
- Saturdays between 1 June and 11 August
- Sundays between 1 June and 30 September
- more than 4 weekend days in any calendar year
Dog control restrictions
People may walk their dogs on open access land and the King Charles III England Coast Path. The access rights do not include professional dog walking.
On open access land the same short leads rule applies near livestock and also applies between 1 March and 31 July each year. In the coastal margin, dogs must be kept under effective control at all times and on a short lead of no more than 2 metres at all times near livestock.
On open access land:
- landowners or farm tenants can exclude people with dogs from a field of up to 15 hectares used for lambing for one period of up to 6 weeks each calendar year
- landowners can exclude people with dogs from land managed as a grouse moor for up to 5 years at a time, except along public rights of way.
The lambing and grouse moor restrictions do not apply to:
- people with registered assistance dogs
- land in the coastal margin
- land with no access rights under the CROW Act
Restrictions you must apply for
You can apply to restrict public access rights to open access land and the coastal margin under the CROW Act if you hold a legal interest in the land. This includes:
- the owner
- tenants
- individuals who hold rights over registered common land
- individuals or organisations with sporting or other ‘property’ rights over land held under licence or agreement
You can apply to restrict access for any period of the year, but only if this is necessary for land management, public safety or fire prevention reasons.
Apply to the relevant authority, which is:
- the national park authority for land within a national park
- the Forestry Commission for dedicated woodland
- Natural England for all other open access land in England, and for all land in the coastal margin
Land management
You may apply for a restriction for any type of land management activity on access land including:
- farming
- forestry
- sporting activities
- events
If you have rights of common over an area of registered common land, you may only apply for a restriction directly related to the rights you hold.
Public safety
Relevant authorities may give public safety restrictions on access land without receiving an application, where they consider this necessary.
You may apply for a safety restriction on your land such as work operations involving machinery, but not to manage risks to public safety from natural features such as cliffs or potholes. Visitors to your land should take responsibility to keep themselves and their children safe.
Fire prevention
The relevant authority may give restrictions for fire prevention during exceptional conditions with or without an application from the land manager. These restrictions aim to minimise the risk of accidental fires breaking out or spreading. They cannot be used along the King Charles III England Coast Path.
The Met Office has developed a Fire Severity Index (FSI) to give an objective method of identifying when exceptional conditions occur. You can view the online FSI maps on the Open Access website.
There are areas of CROW access land identified as particularly vulnerable to fire that are covered by restrictions that can be activated when conditions are exceptional.
Your liability to the public
On open access land, unless you set out to create a risk or are reckless about whether a risk is created, you’re not liable for any injury caused by:
- a natural feature of the landscape, including any tree, shrub, plant, river, stream
- any ditch or pond, whether natural or not
- people passing over, under or through a wall, fence or gate, except if they are making proper use of a gate or stile
In the coastal margin you’re not liable for any injury caused by any physical feature on the land, whether natural or human-made.
The interpretation of the legislation on liability to the public is a matter for the courts to decide. Anyone seeking legal advice on a particular case is advised to consult a lawyer. For more information see Liabilities on coastal margins which has been developed by the Country Land and Business Association with input from Natural England and the Department for Environment, Food and Rural Affairs (Defra).
Land with pre-existing public access rights
Open access rights that existed before 2000 are likely to still apply. Land with these pre-existing rights is known as ‘section 15 land’. Access rights and restriction powers under the CROW Act don’t apply to section 15 land.
This applies to:
Land subject to S193 of the Law of Property Act 1925
This section in effect granted rights of access for air and exercise to:
- metropolitan commons (essentially those within Greater London),
- land that was common or manorial waste in 1926, and is located wholly or partly within one of the former urban districts or boroughs, and
- rural commons over which the soil owner has at some point granted section 193 rights - such a deed may have been made on a permanent basis, or subject to a right of revocation.
The courts have ruled that subject to any local controls, section 193 rights apply on horseback as well as on foot.
Areas with public access rights under a local or private Act, or under a scheme of regulation made under the Commons Act 1899
Some very large areas are included in this way – for example the Dartmoor Commons, the National Trust’s commons, and Epping Forest.
Areas with public access rights under an access agreement or order made under the National Parks and Access to the Countryside Act 1949
Agreements of this type may either last for a specified period only (such as 25 years from the date an agreement was made), or be irrevocable.
Areas where the public have access rights under section 19 of the Ancient Monuments and Archaeological Areas Act 1979, or would have such rights but for any provision of subsections (2) to (9) of that section
Unlike land within the other s15 categories, areas within this category may not have public access rights.
Use the Magic website to find section 15 land:
- Click ‘Get started’.
- Read the terms and conditions and if acceptable, tick box and click ‘OK’.
- On the left-hand side of the screen, click the ‘+’ symbol to expand the ‘Access’ section.
- Select: ‘Countryside and Rights of Way Act, Section 15 Land (England)’.
- Use the map search or zoom functions to view the area of land you are interested in.
Applying for a restriction
Contact the OACC to apply for a restriction or to notify a 28-day or dog control restriction. The amount of notice you need to give depends on the circumstances.
Coastal margin
You don’t need to apply for land management restrictions included in a coastal access report. Once the King Charles III England Coast Path is open, you can apply for other restrictions in the coastal margin – for example if circumstances change on the ground.
Restriction decisions
The relevant authority uses Natural England’s guidance to make restriction or exclusion decisions. The relevant authority may:
- give the restriction you applied for
- give a restriction that’s different from the one you applied for, but meets the need
- refuse your application, if they consider it is not necessary
The decision will be the least restrictive option that meets the need without placing a significant cost on you.
You’ll receive a decision in writing from the relevant authority within:
- 6 weeks for applications to restrict public access for less than 6 months
- 4 months for applications to restrict public access for more than 6 months
For restrictions longer than 6 months the relevant authority must consult:
- the local access forum
- other interested parties such as the National Farmers Union and Ramblers
Restriction dates
You should include exact dates for the restriction in your application. You’ll receive an outline restriction in writing if exact dates are not known.
Appeal a decision
If you disagree with the relevant authority’s decision on your application, you have the right to appeal to the Secretary of State within 6 weeks from the date of the decision by contacting the Planning Inspectorate.
Checks on whether the restriction is still needed
The relevant authority must review a restriction lasting more than 5 years at least once every 5 years. The relevant authority will tell you when this is happening.
Relevant authority restrictions
The relevant authority can close public access land without an application from you. Such instances include:
- nature conservation
- heritage preservation
- fire prevention
- public safety
- land management reasons in the coastal margin
The relevant authority will contact you if this applies to your land.
The Secretary of State for Defence or the Home Secretary may also restrict public access without receiving an application, for defence or national security reasons.
Tell the public about the restriction
Natural England publishes restrictions on the online maps.
You can draw visitors’ attention to restrictions on your land with signs placed where they’re most likely to enter the area. Contact your access authority for more advice. The access authority is the national park authority for land within a national park or the local highway authority elsewhere.
Contact
Open Access Contact Centre
Email open.access@naturalengland.org.uk
Telephone 0300 060 2091
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