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Public Rights on Private Land

Public Rights on Private Land. Nicholas Hancox Solicitors. Debbie Ashton and Nicholas Hancox SLCC National Conference 2013. Introduction. Nicholas Hancox Solicitors. 1. Adding a New Route to the Definitive Map. Nicholas Hancox Solicitors. 1. Adding a New Route to the Definitive Map.

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Public Rights on Private Land

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  1. Public Rights on Private Land Nicholas Hancox Solicitors Debbie Ashton and Nicholas Hancox SLCC National Conference 2013

  2. Introduction Nicholas Hancox Solicitors

  3. 1. Adding a New Route to the Definitive Map Nicholas Hancox Solicitors

  4. 1. Adding a New Route to the Definitive Map Nicholas Hancox Solicitors • The local highway authority: • has a duty to keep the Definitive Map under review and • will make a Definitive Map Modification Order (DMMO) if good evidence is presented • see the Wildlife and Countryside Act 1981, section 53 and Schedule 14

  5. 1. Adding a New Route to the Definitive Map Nicholas Hancox Solicitors • Process for adding a new route: • Ordnance Survey Map at a scale of at least 1:25,000 • Evidence Forms • Make Order and advertise it

  6. 1. Adding a New Route to the Definitive Map Nicholas Hancox Solicitors • If objections received: • Public Inquiry or • Written Representations • Order confirmed or rejected by Defra / Welsh Ministers

  7. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors

  8. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors • Right to Roam: Countryside and Rights of Way Act 2000 (CROW) • Rights of access other than under CROW

  9. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors • Right to Roam: • Access land (section 1(1)) • includes “open country” which is shown on a map issued by the appropriate countryside body, registered common land outside Inner London, coastal margin, land dedicated as access land - see section 1(1)

  10. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors • 2 Exceptions: • “Excepted land” – any of the categories of land specified in Part 1 of Schedule 1 CROW • Land treated by section 15(1) as accessible to the public apart from under CROW

  11. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors • The Right to Roam: section 2 • Any person is entitled to enter and remain on any access land for the purposes of open-air recreation, if and so long as—

  12. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors • he does so without breaking or damaging any wall, fence, hedge, stile or gate, and • he observes the general restrictions in Schedule 2; and • he observes any other restrictions imposed in relation to the land under Chapter II (such as a temporary closure of access or a restriction on dogs etc).

  13. 2. Using and Extending the Right to Roam Nicholas Hancox Solicitors • Excluding or restricting access • Liability of Landowner or Occupier • Safeguards against highway or town or village green claims

  14. 3. Public Rights and Council Duties on Common Land Nicholas Hancox Solicitors

  15. 3. Public Rights and Council Duties on Common Land Nicholas Hancox Solicitors • Public rights of common • Local rights of common • Law of Property Act 1925, section 193

  16. 3. Public Rights and Council Duties on Common Land Nicholas Hancox Solicitors • Council Duties • Council’s own land • Other land • Power in section 45, Commons Act 2006

  17. Increasing Public Access In Your Parish or Community Nicholas Hancox Solicitors Practical Examples

  18. 4. New Village Greens after the Growth and Infrastructure Act 2013 Nicholas Hancox Solicitors

  19. 4. New Village Greens after the Growth and Infrastructure Act 2013 Nicholas Hancox Solicitors • Where recreational use of the land has ceased before an application is made, the application must be made: • within one year of the use ceasing if the land is in England • (see s 15(3)(c), Commons Act 2006)

  20. 4. New Village Greens after the Growth and Infrastructure Act 2013 Nicholas Hancox Solicitors • Landowner statements: new sections 15A and 15B inserted into Commons Act 2006

  21. 4. New Village Greens after the Growth and Infrastructure Act 2013 Nicholas Hancox Solicitors • Curtailment of right to apply to register new town or village green – trigger events and terminating events • new section 15C and Schedule 1A

  22. 5. Lottery Funding: Parks for People: 2013 Nicholas Hancox Solicitors

  23. 5. Lottery Funding: Parks for People: 2013 Nicholas Hancox Solicitors • Outside funding for projects related to historic parks and cemeteries • See Heritage Lottery Fund • http://www.hlf.org.uk

  24. Nicholas Hancox Solicitors Any Questions?

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