The Mapping Process
Part 1 of the CROW Act 2000 provides for the public to have access on foot to registered common land and open country in England and Wales, requiring the Countryside Agency to map such land in England. The conclusive map of registered common land and open country for 'Lower North West England' was published on 2 June 2004. The ‘lower north-west’ comprises Cheshire along with Lancashire, the metropolitan areas of Merseyside and Greater Manchester and all of the Peak District National Park.
The Act defines open country as consisting of mountain, moor, heath and down. Cheshire has no mountains, which are defined in the Act as land over 600m (about 2000 feet) above sea level, nor has it any downland although it does have some small areas of heathland. There are however extensive areas of moorland in the east of the County, both inside and outside of the National Park, some of which have been mapped as open country. In addition to these, there are dozens of areas of registered common land spread across the County, most of which will also be opened up for increased public access.
Dedication of Access Land
Section 16 of the Act allows for landowners to dedicate their land as ‘access land’ and some such as the Forestry Commission have done this. All of Delamere Forest Park has been dedicated in this way although it is likely that there will be some restrictions at certain times and at certain places.
Of course some landowning organisations such as the National Trust and Woodland Trust and United Utilities (which owns Macclesfield Forest) already provide for open public access on foot to some or all of their properties and this situation is unlikely to change. Such land may or may not be formally recorded as ‘access land’.
The role of Local Access Forums
The CROW Act requires Local Access Forums to oversee the mapping and implementation of these open country measures. The Cheshire and Warrington Local Access Forum continues to perform this role in Warrington Borough and across all of Cheshire except for that part which is in the Peak District National Park. The whole of the national park area is overseen by the Peak District Local Access Forum.
It should be stressed that the Act does not give the public any rights to roam across arable farmland or gardens. The new rights first came into effect in the 'Lower North West' and South-east regions of England in 2004 and now extend to the rest of England and Wales.
More information on access to open country |