Local Access Forum
Draft Guidance to Local and National Park Authorities on Local Countryside Access Forums in England
Note: Status of the guidance at 18 May 2000: this is draft guidance which has been approved by the Countryside Agency's Board. It has not been approved by the DETR. It is likely to change as a result of the detail of the proposed Countryside and Rights of Way Act and accompanying secondary legislation, the final content of other guidance on the new access arrangements and following pilots in the north west and south east regions.
CONTENTS
Role of the Countryside Agency
Role of Local and National Park Authorities
Status, role and responsibilities of local countryside access forums
Annex 1 (Model terms of Reference)
Comments on the Consultation Papers
1. The purpose of this guidance is to provide local and national park authorities (the authorities) with a framework for the establishment of local countryside access forums (local forums) in England.
2. Local forums are to be established by the authorities across England to help guide the provision of more and better access to the countryside for a wide range of recreational use. Local forums are expected to form part of local government's long term arrangements for liaison and consultation with local interests on the provision and management of recreation and access. Local forums are likely to assist the authorities in discharging the best value duty given under Section 3 of the Local Government Act 1999.
3. This guidance gives the authorities advice on establishing local forums, including their:
- Status, role and responsibilities;
- geographical coverage;
- membership; and
- administration.
Role of the Countryside Agency
4. This guidance is advisory. The Countryside Agency (the Agency) will endorse local forums which are set up and run according to the principles set out in it. The authorities may seek endorsement of existing forums, setting out why they believe that endorsement is justified.
5. As a recipient of advice from local forums the Agency looks to have observer status on each forum, but would not expect to attend every meeting. The Agency aims to set up a national monitoring programme on local forums. The Agency will also help local forums to share knowledge and experience.
6. This guidance should be used with the guidance the the Agency will produce on how it will use its powers and carry out its duties in relation to mapping and access restrictions. Authorities should also refer to proposed Government guidance such as the code of practice on the preparation of rights of way improvement plans.
Role of Local and National Park Authorities
7. National Park, County and Unitary Authorities and some London Boroughs and Metropolitan Councils (individually or together) will be expected to set up and run local forums wherever they can contribute to the purposes set out in this guidance.
8. The authorities will have the sole responsibility for ensuring that local forums fulfill the role set out for them in this guidance.
9. The authorities will provide a secretariat to each local forum. The establishing authority should nominate one elected representative (or in National Parks an elected or appointed member) for a place on each local forum. The authorities should provide forum members with training, perhaps through site visits to aid effective working.
10. The authority must ensure clear communication between the local forum and the relevant committee, executive or department. The chair, secretary and authority member of each forum must ensure that the forum's advice is reported through the appropriate channels and that the forum receives feedback on the extent to which its advice has been considered and acted upon.
11. Authorities will need to establish clear terms of reference and ensure that each local forum conforms with them. The terms of reference must describe a constructive approach to the improvement of recreational access to the countryside. They will form the basis for selecting members and the local forum should endorse them at its first meeting. Model terms of reference are given at Annex 1.
12. It will be for the authorities to decide on the balance of effort to be given by a local forum at different times to the different responsibilities outlined below. Authorities will need to ensure that the work programme of each local forum is designed to deliver the outputs required by them and the Agency.
Status, role and responsibilities of local countryside access forums
STATUS
13. Local forums will be non-statutory advisory bodies established by, and responsible to, individual or neighbouring authorities. Though they will not have the power to make decisions the advice they give will strongly influence how the authorities and the Agency perform their executive functions in relation to access to the countryside.
14. Local forums must operate openly. Meetings will be advertised in advance and be open to the public. Agendas, papers and minutes of meetings should be publicly available.
ROLE AND RESPONSIBILITIES
15. Local forums will have the primary purpose of giving advice to the authorities and to the Agency on how to make the countryside more accessible and enjoyable for open-air recreation, in ways which address social, economic and environmental interests. They will encourage and assist access provision, giving strategic advice on issues of particular local relevance. Local forums are expected to improve liaison between interest groups but where other arrangements exist and are productive authorities should allow links to be made with the local forums in the area.
16. Local forums are expected to give advice on three main topics:
a. the development of recreation and access strategies which cater for a wide range of people;
b. improvement of the rights of way network; and
c. implementation, management and review of the statutory right of access to the countryside.
17. Local forums will be more likely to be productive if they:
a. develop constructive and inclusive approach to the improvement of recreational access to the countryside;
b. respect local circumstances and different interests while operating within national guidance;
c. provide advice on issues of principle and good practice which is consistent with national guidance;
d. engage in constructive debate and seek consensus wherever possible; and
e. where consensus is not possible, make clear the nature of differing views, and suggest how they might be resolved.
DEVELOPING RECREATION AND ACCESS STRATEGIES
18. The new access arrangements provide authorities with the opportunity to evaluate recreation and access provision across an area. It will be important that the new access to open countryside and registered common land is integrated with existing provision to give opportunities to as wide a range of people as possible.
19. Local forums should advise the authorities on:
a. strategies for recreation and access which set rights of way and open access in a broad context, integrating provision for access, all forms of open-air recreation, transport, tourism, health and public information;
b. the extent to which strategies ensure that fair provision is made for all users, and reflects the needs of local people and businesses; and
c. the coordinated use of resources to deliver integrated recreation and access provision and management.
IMPROVING THE RIGHTS OF WAY NETWORK
20. Authorities are required [by the Countryside and Rights of Way Act] to review the adequacy of their rights of way network and prepare and publish plans which propose action to secure an improved network. Guidance on how to do this will be provided in a statutory code of practice on rights of way improvement plans.
21. Local forums should give strategic advice to the authorities on:
a. reviews of rights of way, including the extent to which local rights of way meet the present and likely future needs of the public;
b. the draft improvement plan prior to publication;
c. the results of public consultation on the draft plan and any particularly significant issues which have arisen from it;
d. the priorities for the action plans which allow from the review;and
e. progress in implementing the action plan.
22. Local forums will have a strategic approach to their work on rights of way. Exceptionally, local forums should be asked to advise on cases of national significance which have implications for local access provision.
Implementation, management and review of the statutory right of access to the countryside.
23. Local forums can advise on and assist in the introduction, management and review of the statutory right of access to the countryside. The scale of this task will vary according to the amount of open countryside and registered common land in the area covered by the local forum.
24. In producing maps showing registered common land and open countryside (i.e. mountain, moor, heath and down), the Agency will:
a. produce guidance on procedures it will follow for mapping registered common land and open countryside;
b. consult widely on draft maps showing the boundaries of registered common land and open countryside;
c. produce provisional maps which take account of representations and advice made during consultation, for submission to the Secretary of State; and
d. on confirmation or modification by the Secretary of State, issue conclusive maps.
25. Local forums will be able to use local knowledge and contacts to help the Agency and its contractors to take full account of local information in the production of maps.
26. The Agency and National Park Authorities will have the power to close land or to apply restrictions to the right of access, on the grounds of nature conservation or heritage, specific land management needs, danger of fire, or other danger to the public in accordance with legislation.
27. Restrictions on nature conservation and heritage grounds will be decided by the Agency (and in National Parks, National Park Authorities) in response to advice from English Nature/ or English Heritage. Decisions on closures or restrictions for reasons of fire risk or danger to the public will be made by the Agency and National Park Authorities either on their own initiative or in response to an application. Decisions on restrictions on land management grounds will be made following applications from those with an interest in the land.
28. In relation to the application of local restrictions to access, local forums will be asked by the Agency to:
a. identify any local issues that need to be taken into account in deciding how best to implement the advice received from English Nature and English Heritage, and in considering applications on land management grounds;
b. advise on the consistency and general approach that the Agency and National Park Authorities are taking; and
c. help to identify best practice for the management of restrictions in the area.
29. It may not always be possible for the Agency and national Park Authorities to consult with local forums on each application for local restriction-especially where relatively short notice is given. However, they will aim to consult local forums on applications for all extensive or longer term local restrictions to access
30. The geographical coverage of individual local forums will vary depending on local circumstances. It is expected that local forums will cover areas sufficiently large to encourage and influence a strategic approach to recreation provision. Authorities should determine geographical coverage after consultation with adjacent authorities and the Agency, and should take account of:
a. local government boundaries;
b. the scope for cooperation between overlapping and neighbouring authorities;
c. the existence of national parks;
d. the existence of Areas of Outstanding Natural Beauty (AONBs); and
e. population Centres, the scale of existing informal recreation opportunities and the likely recreational use and demand.
31. The highest local authority tier in any area should set up and run local forums, so they will normally be created and managed by County Councils or Unitary Authorities.
32. Where national Park or equivalent authorities exist, we would expect at least one local forum for the whole or part of the park to be set up and run by them, sometimes including adjacent areas outside the national park where this makes sense of the relationship with other boundaries. Where AONBs exist, we would expect the authorities to come to an agreement about the benefit or otherwise of creating a local forum with coverage related to the AONB.
33. Any authority proposing to set up a local forum should always consult and seek agreement from adjacent and 'lower tier' authorities about the proposed boundary. The Agency will not normally be able to endorse or participate in more than one local forum for any given geographical area.
34. Some unitary authorities and particularly more urban ones-may find it is more practical to join the neighbouring authorities to form a local forum which can serve a large area. A metropolitan authority which contains substantial areas of open countryside and registered common land might consider setting up a local forum, but it may more often wish to work with adjacent more rural authorities to ensure that the local forums set up by them adequately reflect and represent the needs of the urban population. The Agency strongly encourages this form of collaborative arrangement in rural areas which provide a significant recreation resource for adjacent conurbation's.
35. Authorities serving extensive areas with relatively sparce recreation provision or demand might set up local forums covering much larger tracts than those managing more substantial supply and demand. The Agency expects every county to find at least one forum to be necessary and useful.
36. Authorities may consider basing a local forum on existing arrangements, modified where necessary. In considering the appropriateness of existing arrangements authorities should compare the role, geographical coverage, membership and administration of existing groups with the requirements set out in this guidance, and assess the potential for them to be adapted to form new local forums, to operate in an integrated way with them, or to be replaced by a new forum.
37. If any authority decides to adapt or amalgamate existing groups to create a local forum, they should take steps to ensure that the remit and structure of the new forum conforms with the principles set out in this guidance. It may well be appropriate in some cases to identify a new chair and some new members with a wide range of relevant interests and expertise.
38. Each local forum will have a chair, secretary and members with a wide range of relevant interests and expertise.
39. The chair should be selected after open competition. An 'appointment panel' should be set up by the authority to select the chair. The chair should then form part of this panel to select members from the applicants. This panel should be serviced by the lead authority and contain representatives from any cooperating authorities.
40. The chair must be an individual who commands wide respect, has excellent communication skills and who is capable of bringing together competing interests. It may be better if the chair is not formally a representative of or closely aligned to any of the major interest groups represented on the forum.
41. Membership should include a cross section of local interests in the countryside. It is essential that local forums are not capable of being dominated by any single interest group, or any coalition of like interests.
42. For effective working and to ensure that they can provide the advice required, it is recommended that an optimum number of 12-16 people, with a maximum of 20 is the appropriate size for local forums. The exact number should be influenced by the size of the geographical area covered by the local forum. Where there are a large number of local interests it will be important to identify members who can actively network with a number of groups, and who have experience of the needs of a range of interests.
43. Members should be appointed according to clear criteria which are set out in the terms of reference for each local forum. All members must have sufficient experience of the countryside in the local area to be able to make an informed and constructive contribution to improving access provision. Members must bring a wide range of experience, including:
a. recreational use, for example walking, riding, climbing, cycling;
b. land management, for example, tenants, landowners and occupiers; and others with an interest in the land; and
c. nature conservation, heritage, tourism, health, business, trade union interests and transport.
44. Some members not experienced in these particular topics, or aligned with any particular interest group may nevertheless bring wider experience to the forum, and help discourage division along interest group lines. One of these 'independent' members should be an elected representative (or in National Parks, an elected or appointed member) of one of the local authorities that the forum advises.
45. Each forum should contain roughly equal numbers of members ascribed to each of the categories in 43. a., b., c. and 44. Members who genuinely have experience and credibility in relation to more than one category in 43. will be particularly useful.
46. The appointing authority should seek members to achieve this balance by inviting expressions of interest from both interested organisations and the general public, making clear the process and timetable for appointments, the categories of membership, and the number of places to be filled. The authority member should be appointed by (but not necessarily from) the authority servicing the forum, following consultation between all the authorities advised by that forum.
47. Representation (in any category) from at least one individual with experience of the needs of the disabled should be considered.
48. Before appointment forum members should be asked to confirm:
a. their support of the positive purpose of the forum;
b. commitment to working within the terms of reference and achieving the aims of the local forum through constructive working with other members;
c. that they are able to devote the necessary time to attend meetings, training and to network with a wide range of interests outside meetings.
49. The chair and members should initially be appointed for three years with the option to renew for a further three years. The authority should review the chairing and balance of membership after the first three years. The role of chair and membership should be changed after six years to ensure that the local forum remains relevant to the needs of the local area. It is recommended that the reappointment process be done over a period of time to ensure continuity in the operation of the forum. The chair and members should be appointed on a voluntary basis but should be able to claim reasonable travel expenses from the authority for attendance at meetings, training events and for field visits.
50. The chair of the local forum may invite observers to meetings of the forum. Observers should be allowed to participate in the proceedings at the invitation of the chair. Representatives of the local authorities involved and the Agency will normally be present as observers. Other observers might include representatives of district councils in the area and expert staff from statutory agencies (e.g. English Nature; English Heritage and the Environment Agency). The numbers of observers and the extent of their participation should not be allowed to dominate the views and advice of the appointed members.
51. The authority should provide a secretary to each local forum, and ensure that premises are available for meetings which can accommodate public attendance. It is recommended that the secretary of the local forum should be a named officer employed by the authority.
52. The role of the secretary should be to:
a. arrange and promote meetings
b. agree meeting agendas with the chair and circulate agendas and papers for meetings;
c. help the chair to run the forum according to this guidance;
d. produce minutes of meetings;
e. facilitate the provision of information to the public through a news letter, meeting press releases or through an e-bulletin board; and
f. produce a short annual report for the authority and the Agency.
53. The secretary of the local forum will be the link between the local forum and the authority, the Agency and neighbouring local forums. The secretary will report, where appropriate, the views of the local forum to the Agency and to the relevant department, committee or executive in the authority, and report back to the local forum on any responses or action taken following their advice.
54. Local forums will normally meet at least twice a year. In the early stages of the implementation of the statutory right of access to the countryside it may be necessary for local forums to meet frequently to ensure that the authorities and the Agency receives timely advice to inform the mapping and restriction management procedures.
55. Meetings must be open to the public and advertised well in advance. The chair will determine the public's right to ask questions. A record of each meeting must be available to the public.
56. The first local forums will need to be established in the autumn 2000 so that they can begin the process of advising the Agency on its preparation for the implementation of the proposed Countryside and Rights of Way Act. The Agency will advise individual authorities of its programme for producing maps of access land once the procedures for doing so have become clear.
57. The cost of setting up local forums will fall to the authorities responsible for them.
58. The Agency aims to set up a local forum monitoring programme. The authorities will be asked to contribute to this by preparing an annual report on the work of the forum. Monitoring could be based on indicators such as;
a. the extent to which the forum's advice has been used by the authorities and the Agency.
b. the extent to which members network with each other and others with an interest outside the forum; and
c. progress with the initial work programme.
MODEL TERMS OF REFERENCE FOR LOCAL COUNTRYSIDE ACCESS FORUMS
Title
1. The local countryside access forum
Role and responsibilities
2. The primary purpose of the local countryside access forum is to provide advice to the authorities and to the Countryside Agency on how to make the countryside more accessible and enjoyable for open-air recreation, in ways which address social, economic and environmental interests. The forum will encourage and assist access provision, giving advice on issues of particular local relevance.
3. The local countryside access forum will give advice on three main topics:
a. development of recreation and access strategies which cater for a wide range of people;
b. improving the rights of way network; and
c. implementation, management and review of the statutory right of access to the countryside
4. Thelocal countryside access forum will work to:
a. develop a constructive and inclusive approach to the improvement of recreational access to the countryside;
b. respect local circumstances and different interests while operating within national guidance;
c. provide advice on issues of principle and good practice which is consistent with national guidance;
d. engage in constructive debate and seek consensus wherever possible; and
e. where consensus is not possible, make clear the nature of differing views, and suggest how they might be resolved.
Membership
5. The membership will:
a. be balanced to avoid dominance by any single interest group or coalition of like interests; and
b. include a cross-section of local interests in the countryside.
6. The membership will include:
a. an independent chair; and
b. an optimum number of 12-16 and a maximum of 20 members.
7. Members in total must bring a wide range of experience, including:
a. recreational use, for example walking, riding, climbing, cycling;
b. land management, for example, tenants, landowners and occupiers, and others with an interest in the land; and
c. nature conservation, heritage, tourism. health, business, trade unions and transport.
8. Members not experienced in the topics at 7., or aligned with any particular interest group will be appointed. One of these 'independent' members should be an elected representative (or in National Parks, an elected or appointed member) of one of the local authorities that the forum advises.
9. Each forum should contain roughly equal numbers of members ascribed to each of the categories in 7. a., b., c. and 8. Members who genuinely have experience and credibility in relation to more than one category in 7. will be particularly useful.
10. Members will be appointed by the authority according to selection criteria which assess if candidates have sufficient experience of access to the countryside in the local area to be able to make an informed and constructive contribution to improving access provision.
11. Before appointment members will be asked to confirm:
a. their support of the positive purpose of local forums;
b. commitment to working within the terms of reference and achieving the aims of the local forum through constructive working with other members; and
c. that they are able to devote the necessary time to attend meetings, training and to network with a wide range of interests outside meetings.
Administration
12. Meetings will be held at least twice a year, and more frequently when necessary.
13. Meeting agendas will be agreed between the chair and the secretary
14. Meetings will be advertised in advance and held in public.
15. Agendas, papers and minutes of meetings will be available to the public.
16. The chair will invite observers to the meeting when appropriate.
17. Observers will be able to contribute to the proceedings at the discretion of the chair.
18. The public will be able to ask questions on the business of the meeting at the discretion of the chair.
19. The lead authority will have the right to review the chairing and membership of the local forum on an annual basis if necessary.