public rights on private land nicholas hancox solicitors debbie ashton and nicholas hancox slcc...

Public Rights on Private Land

Nicholas Hancox Solicitors

Debbie Ashton and Nicholas HancoxSLCC National Conference 2013

Introduction

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The Definitive Map Town and Village Greens

The Right to Roam Lottery Funding

Common Land Questions

Increasing Public Access

1. Adding a New Route to the Definitive Map

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1. Adding a New Route to the Definitive Map

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The local highway authority: •has a duty to keep the Definitive Map under review and•will make a Definitive Map Modification Order (DMMO) if good evidence is presented

• see the Wildlife and Countryside Act 1981, section 53 and Schedule 14

1. Adding a New Route to the Definitive Map

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Process for adding a new route:•Ordnance Survey Map at a scale of at least 1:25,000•Evidence Forms•Make Order and advertise it

1. Adding a New Route to the Definitive Map

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• If objections received:Public Inquiry orWritten Representations

• Order confirmed or rejected by Defra / Welsh Ministers

2. Using and Extending the Right to Roam

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2. Using and Extending the Right to Roam

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• Right to Roam: Countryside and Rights of Way Act 2000 (CROW)

• Rights of access other than under CROW

2. Using and Extending the Right to Roam

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Right to Roam: • Access land (section 1(1))• includes “open country” which is shown on

a map issued by the appropriate countryside body, registered common land outside Inner London, coastal margin, land dedicated as access land - see section 1(1)

2. Using and Extending the Right to Roam

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2 Exceptions:•“Excepted land” – any of the categories of land specified in Part 1 of Schedule 1 CROW•Land treated by section 15(1) as accessible to the public apart from under CROW

2. Using and Extending the Right to Roam

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The Right to Roam: section 2Any person is entitled to enter and remain on any access land for the purposes of open-air recreation, if and so long as—

2. Using and Extending the Right to Roam

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• he does so without breaking or damaging any wall, fence, hedge, stile or gate, and

• he observes the general restrictions in Schedule 2; and

• he observes any other restrictions imposed in relation to the land under Chapter II (such as a temporary closure of access or a restriction on dogs etc).

2. Using and Extending the Right to Roam

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• Excluding or restricting access• Liability of Landowner or Occupier• Safeguards against highway or town or village

green claims

3. Public Rights and Council Duties on Common Land

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3. Public Rights and Council Duties on Common Land

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• Public rights of common• Local rights of common• Law of Property Act 1925, section 193

3. Public Rights and Council Duties on Common Land

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• Council Duties• Council’s own land• Other land

• Power in section 45, Commons Act 2006

Increasing Public Access In Your Parish or Community

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Practical Examples

4. New Village Greens after the Growth and

Infrastructure Act 2013

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4. New Village Greens after the Growth and

Infrastructure Act 2013

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• Where recreational use of the land has ceased before an application is made, the application must be made: • within one year of the use ceasing if the

land is in England(see s 15(3)(c), Commons Act 2006)

4. New Village Greens after the Growth and

Infrastructure Act 2013

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• Landowner statements: new sections 15A and 15B inserted into Commons Act 2006

4. New Village Greens after the Growth and

Infrastructure Act 2013

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• Curtailment of right to apply to register new town or village green – trigger events and terminating events

new section 15C and Schedule 1A

5. Lottery Funding: Parks for People: 2013

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5. Lottery Funding: Parks for People: 2013

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• Outside funding for projects related to historic parks and cemeteries

• See Heritage Lottery Fund http://www.hlf.org.uk

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Any Questions?Any Questions?