A brief guide to restrictions on CRoW access land - part 3
By landowner application to the relevant authority
The relevant authority is a National Park Authority, OR outside a National Park the Countryside Agency, OR, in the case of dedicated forests, the Forestry Commission.
Landowners may apply to the relevant authority for a ‘direction’ to restrict access over and above the 28-day discretionary limit. Applications for land management, public safety or fire prevention will be considered. When determining applications for further restrictions, the relevant authority will take into account whether a landowner has used any of their 28 discretionary days and/or how they propose to use them in future.
Relevant authorities should also consider the use of informal management techniques before granting directions for restrictions. Where possible, management techniques such as encouraging the use of paths, limiting car parking, creating entry points, or controls on dogs rather than total closures may be used. Informal management techniques require no prior approval and may be used at any time, as often as necessary. Unlike formal restrictions, informal management techniques have no legal force – the public are not required to comply, but they will often do so if the request is reasonable and the purpose of it clear.
Where a direction for a formal restriction is required, the relevant authority should only give a direction for the least restrictive option necessary for the purpose stated in the application. For example, if land management operations can be undertaken with only a restriction to a linear route, this option should be preferred to a complete ban on walkers.
Local access forums and the public will be invited to comment on proposals for long-term restrictions. Long-term restrictions are defined as those lasting six months or more. Proposals for long–term restrictions, and information about how to comment on proposals can be viewed at: http://www.openaccess.gov.uk/.
Landowners seeking a direction have a right to appeal against decisions by the relevant authority.