Different Types of Open Access Land on Dartmoor - Differences and
Similarities
Information Sheet 2
What is open access land?
Open access land is where there is a right of access to an area rather than just to linear routes (such as footpaths or bridleways).
Types of Open Access Land in Dartmoor National Park
Dartmoor Commons - for pedestrians and horse riders
Open
access on foot and horseback was made a legal right under the Dartmoor
Commons Act (1985) 
(180Kb - PDF Help). Byelaws
apply to the Dartmoor Commons Act areas.
CRoW Act access land - for pedestrians only.
The CRoW Act gives a new right of open access to ‘open country’ (mountain, moor, heath and downland) and registered common land. However on Dartmoor the common land already has open access under the Dartmoor Commons Act so this part of CRoW Act does not apply here. Certain activities are restricted under the CRoW Act, but these restrictions are not byelaws. (See the Information Sheet on General Restrictions).
Landowners can dedicate other areas of land as CRoW Act access land (for example the Forestry Commission are dedicating large areas of woodland as CRoW Act access land). The CRoW Act access rights come into operation six months after dedication. See Information Sheet 12 on Dedicated Land.
Access agreement areas- usually for pedestrians only.
Prior to the CRoW Act, the National Park Authority entered in to a number of agreements with landowner/tenants to permit access to an area (an access agreement). A number of these areas have now been mapped as open country under the CRoW Act. In most of these cases, the access agreement will be terminated when the opportunity arises. When this happens, only CRoW Act rights will apply to the land; in the meantime the access rights under the agreement continue to apply. Dartmoor Commons Act Byelaws usually apply to access agreement areas.
Other open access land usually for pedestrians only (although this may vary).
There are other areas of open access not based on the above legislation- the open access in these areas is usually permitted rather than a legal right. Examples include some Woodland Trust land, some National Trust land. Some of these areas may not now appear on the new OS maps, even if they were shown before. The owner could choose to dedicate the land, in which case the legal right of access under the CRoW Act will apply (the Forestry Commission is dedicating large areas of its land in this way).
WHAT ARE THE MAIN SIMILARITIES AND DIFFERENCES BETWEEN THE DIFFERENT TYPES OF ACCESS LAND?
See
the Walking on Dartmoor publication (1950Kb - PDF
Help) for the main differences in relation to access on foot.
The major differences/similarities are summarised below;
| Camping |
|
Common land - allowed on open moorland subject to several restrictions: 1. on open moor (not enclosures) more than 100 metres from a road 2. for up to 2 consecutive nights in the same place 3. not in certain places specifically named in the byelaw schedules. Access agreement areas - not usually allowed. CRoW Act land - not allowed (without the permission of the landowner). |
| Bicycles |
|
Common land - not allowed except on bridleways, byways and designated permissive cycle routes. CRoW Act land - not allowed except on bridleways, byways and designated permissive cycle routes. Access agreement areas - not usually allowed except on bridleways, byways and designated permissive cycle routes. |
| Horses |
|
Common land - horse riders have full open access rights. CRoW Act land - not allowed except on bridleways and byways. However this does not restrict long-standing or customary use, where horse riding has traditionally been tolerated by the landowner. Access agreement areas - not usually allowed except on bridleways and byways. |
| Dogs |
|
Common land - the byelaws do not specifically state that dogs must be on leads during 1 March – 31 July, however it is generally recommended that all dogs are kept on leads during this period to avoid disturbance during the lambing and bird nesting season. A dog must be put on a lead if a Ranger specifically requests it. CRoW Act land - dogs must be kept on fixed leads of no more than 2 metres between 1 March to 31 July, and at all times of year in the vicinity of livestock. There may be further local restrictions in place. Access agreement areas - Dartmoor Commons Act byelaws usually apply (see above). |
| Byelaws |
| Byelaws apply to Dartmoor Commons and access agreement areas. Certain activities are restricted under the CRoW Act, but these are not byelaws, so anyone who carries out a restricted activity (e.g. camping) is not committing a criminal offence, and can’t be prosecuted. The offender loses his right of access to all the land in the same ownership for 72 hours. However, the CRoW Act does allow for byelaws to be made on CRoW Act land, if the access authority decides it is appropriate. |
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Page updated 23 November 2005
