Longer Term Restrictions/Exclusions (Directions)
Information
Sheet 7
What Are Directions?
The second way in which a restriction can come about is by the National Park Authority making a direction (an order) to exclude or restrict access to land.
Short term discretionary restrictions/exclusions can be put in place by the land manager for any reason, but directions can only be made for specific reasons and only when the circumstances justify the restriction.
Are There Time Limits on Directions to Restrict Access?
A direction can restrict or exclude access for any length of time, up to an indefinite period. However, if a direction is to last for longer than five years then it must be reviewed at least every five years. Unlike discretionary restrictions, there are no limits on restricting access during holiday periods or weekends.
Why Does the National Park Authority Have the Power To Do This?
DNPA has powers issue directions to restrict access because it is a Relevant Authority in relation to the CRoW Act. Outside the National Park, the Countryside Agency is the Relevant Authority. Directions can also be made by the Secretary of State for Defence and by the Forestry Commission on access land that has been dedicated by them.
What are the Reasons for Issuing Directions, and How do They Come About?
The National Park Authority can issue a direction in two ways-
after receiving an application from a landmanager that a restriction is needed on the grounds of land management, fire prevention or public safety
the Authority can issue a direction without having received an application, for nature conservation or heritage conservation reasons (after receiving advice from English Nature or English Heritage). The Authority can also make a direction for fire prevention or public safety without having received an application.
The Secretary of State for Defence can also make a direction for reasons of defence or national security.
How Does the National Park Authority Decide if a Direction is Necessary?
When deciding if a restriction is necessary for any of the reasons above, the National Park Authority must follow set guidelines to make sure that any restriction it puts in place is the least level of restriction necessary. For restrictions or exclusions that will last continuously for more than six months, the Authority must hold a public consultation before it can make the direction, as it did in the case of the West Dart River Valley dog restriction.
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Page updated 23 November 2005
