CRoW Act Restrictions: General Introduction
Information
Sheet 5
CRoW Act (2000) access land can be closed or have access restricted. These restrictions only apply to CRoW Act access rights; they will not apply to existing Dartmoor Commons Act land or access agreement land.
It is not expected that there will be many restrictions within the National Park, but all CRoW Act access land has the potential to have access to it restricted.
The land can be completely closed for a specified period (‘exclusions’). In other instances, the land remains open but access is restricted in some way (‘restrictions’). [Note that for clarity of explanation, this Information Sheet refers to exclusions and restrictions separately. However, often both exclusions and restrictions are referred to together under the general title of ‘restrictions’]
There are various ways in which the access can be restricted whilst remaining open e.g.
- people must keep to specific access points or a linear route
- dogs must be kept on leads, or
- dogs are not allowed at all.
This Information Sheet contains an overview of the system. It explains
1. the two types of restriction/exclusion
2. a brief description of how to find out about restrictions
3. the amount of notice that can be given
4. how restrictions will be signed on the ground
5. how restrictions affect rights of way
6. what happens if somebody does not comply with a restriction
Types of Restriction/Exclusion
There are two ways in which a restriction/exclusion can be made:
· discretionary restrictions – these are short term restrictions/exclusions put in place by the land manager whilst they carry out some type of land management operation. There are some limitations on when these can be put in place particularly over weekend/holiday periods.
· directions – these are longer term restrictions/exclusions which are put in place by the National Park Authority. These can be put in place at any time.
How to Find Out About Restrictions and Exclusions
The open access website (www.openaccess.gov.uk external site, opens new window) displays up-to-date information on all restrictions/exclusions nationally. (See Information Sheet 8 for more details).
Alternatively, during office hours, the Open Access Contact Centre helpline on 0845 100 3298 can also provide information.
How Much Notice Will be Given of Restrictions/Exclusions?
These times are a general outline of the notice that will be given (i.e. the period of time between the details appearing on the open access website, and the start of the restriction/exclusion).
Discretionary restrictions/exlusions
Usually there will be a minimum of about 3 to 5 days notice (it may be much longer if the land manager has given more notice, it could be potentially be shorter if there is a delay in processing at the Open Access Contact Centre).
As little as 2 hours notice can be given in cases where the restriction/exclusion is on a small piece of land (up to 5 ha) or is very short term (4 hours or less) on any size area of land. When such a short period of notice is given, the responsibility is on the land manager to bring the restriction/exclusion to the attention of the public. Also, these very short notice restrictions would not be allowed on areas where the public would be prevented from reaching any other land where there is a right of access.
Directions
Where the National Park Authority has made the restriction, the information will appear on the open access website. The Authority will also inform Information Centres directly of the details as soon as the restriction is finalised. The amount of notice the Authority can give will vary according to circumstances, but in some cases it is unlikely to be more than one week notice.
Will Restrictions Be Signed on the Ground?
Generally, restricted areas should have notices displayed to tell the public of the restriction. When a land manager is using a discretionary restriction, they are issued with a standard A4 notice which they can copy, laminate and display. The responsibility is on them to inform the public. Where the National Park Authority has put in place a long term restriction itself (e.g. the West Dart River valley), it will ensure that it is signed appropriately – for example the West Dart River area will have A3 information/mapboards at all access points into the restricted area.
How do Restrictions and Exclusions Affect Rights of Way?
Restrictions and exclusions of CRoW access land will not affect rights of way over the land;
people can still use rights of way even if the surrounding land is closed or restricted
but people will have to stay exactly on the line of the right of way.
Example 1: in an area where dogs have been excluded, people with dogs can still use an existing right of way across the land but the person and the dog must not leave the precise line of the right of way.
Example 2: in an area where people have been excluded (i.e. the area is closed), people can still use an existing right of way across the land but the person and their dog (if they have one) must not leave the precise line of the right of way.
What Happens if Somebody Breaks a Restriction?
If somebody breaks a restriction then they become a trespasser and lose their right of access to the land (and all land in the same ownership) for 72 hours). In such circumstances, the landowner is entitled to request that the offender leaves the land, as would be the case in any other situation of trespass.
Return to the Open Access page.
Page updated 23 November 2005
