Newsletter

Access To Open Country

Open in Lancashire from the 19th September 2004

This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Lancashire County Council 100023320 2004

WHERE WILL I BE ABLE TO GO?

The Open Country Land in Lancashire is predominantly the hilltops of Bowland, Pendle and the Southern Pennines and extends to over 116 square miles.

The new access rights apply only to the land mapped which will be shown on NEW OS Explorer maps or on the Open Access website. www.openaccess.gov.uk

There is no right of access to lower lying farmland; buildings and livestock pens; quarries and other active mineral workings; land used as a golf course or race course and land where military byelaws apply.

This Symbol will signify access to open areas of land on foot. Other rights of access may exist.

WALKERS RIGHTS & RESPONSIBILITIES

Any person is entitled to enter and remain on any Access Land for the purpose of open-air recreation as long as:- They observe the general restrictions and obey any byelaws created for the management of the Access Land.

Access points onto Access Land can be any bridge, stile, gate, stairs, steps, stepping Stone, or other works for crossing water, or any gap in a boundary. Each Access point will have a certain level of signage and interpretation depending upon their estimated level of use.

There is no access within 20m. of a dwelling or building or within the curtilage of a building i.e. a garden. A person will be classed as a trespasser if they fail to comply with Access Land restrictions or damage walls and access furniture etc. If byelaws are made for the Access Land, then the breaking of a byelaw is a criminal offence that carries a substantial fine and a criminal record.

Please do not:

Light or cause fires
Do any damage
Leave litter
Disrupt work on the land
Feed livestock
Deliberately disturb livestock, wildlife or habitats

There are no general rights to:

Ride a horse or bicycle
Drive a vehicle
Camp
Hang Glide or Paraglide,
Use a Metal Detector
Bath or Swim in Lakes or Rivers
Use boats
Collect Stones, Plants or Wood

Landowner Responsibilities

Landowners must not erect misleading notices on Access Land or on or near to a way leading onto Access Land. Landowners have a duty of care to people enjoying their access rights and bridges and stiles must be in a safe condition of use. Landowners will have no liability to those exercising their right of access in respect of risks arising from natural features of the landscape, river, stream, ditch, pond, plant, shrub, or tree. This also includes the passage of persons across a wall, fence or gate except by proper use of a gate or stile. Liability is not excluded in any of the above circumstances if the risk arises from anything done intentionally or recklessly by the landowner. The advent of Access Land will not have direct financial consequences for the landowner.

Dogs on Access Land

The new access rights will normally include the right to walk dogs on Access land . . . .. BUT Between 1st march and 31st July and at any other time near livestock Dogs are only allowed if they are on a fixed lead no more than 2 metres long. Livestock includes cattle, sheep, goats, pigs, horses and poultry. This is to avoid disturbance to livestock or ground nesting birds during the breeding season. On land used in connection with lambing and enclosures of less than 15 hectares dogs may be banned completely for a period of 6 weeks in any calendar year.

Local Restrictions

On land used for rearing and shooting of grouse the landowner may apply for a year-round total restriction on dogs for a period of 5 years. Where such a restriction on access applies dogs may not be taken on the Access Land. The restriction on access do not include trained guide dogs, hearing dogs or dogs on land with the consent of the landowner. It will not restrict what people already do with their dogs by right, permission or custom.

Closure of Land

Each parcel of land may be closed for up to 28 days a year. Not Bank Holidays and only 4 Saturdays (none between 1st June and 11th August) and 4 Sundays but not between 1st June and 30th September. Each parcel of land must be identifiable on the ground and on interpretive maps and be pre-registered with the relevant authority. Anyone with a legitimate claim on the land, landowner, tenant, shoot owner can apply for a closure, but total closure dates must not exceed 28 days.

Fire Risk

During exceptional weather or ground conditions the relevant authority may
exclude or restrict access for the purposes of fire prevention and for the purpose of
avoiding danger to the public.

Nature Conservation

The relevant authority may exclude or restrict access to Access Land during any period for the purposes of conserving flora, fauna or geological or physiographical features of the land in question and for the purpose of preserving any scheduled monument or area of historic, architectural, traditional, artistic or archaeological interest. Total exclusion will only be used in
exceptional circumstances, a range of restrictions will be used in order to avoid disruption to
important nature conservation sites and may include restrictions to linear routes or restrictions
on dogs where breeding birds are at risk.

Plan Ahead

Because the rights of access can be subject to restrictions it is important to plan your walk in advance. Some parts of the Access land may be closed occasionally.
Public footpaths and Bridleways across Access Land are not affected by any restrictions.

LOCAL ACCESS FORUM

The local Access Forum provides advice to the authorities and 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 meets at least twice a year and, when fully constituted, comprises 22 members. Membership of the Forum reflects the broad range of interests involved in and affected by the countryside to ensure that not only are the full benefits realized but the interests of landowners, farming, wildlife and landscape are respected.

The membership includes farmers, estate managers, walkers, horse-riders, trail riders, conservationists and independent members who feel they can represent the best interests of the public. The main tasks of the Forum at present include preparation for access to open countryside and registered common land and the development of a rights of way improvement plan for Lancashire.

The meetings are open to interested members of the public. Further information about the forum and its members is available on the website.
www.lancashire.gov.uk/environment/countryside/forum