Right to Roam
During the 1990s rising discussion over public access to the countryside came to a head. It was particularly driven by a lady named Marion Shoard, supported by the Ramblers association. With such books as “ The Theft of the Countryside and “This is our Land” she captured the political aspirations of societies such as the Open Spaces Society intricately connected to the ‘National Trust’.
The then Labour Government were obliged to develop an Act of Parliament namely the Countryside and Rights of Way Act 2000 (CRoW Act). This Act drew together earlier law to create a firmly governing set of regulations that would provide a right for the general public to gain wider access to the countryside.
It has not always been clearly understood that all land in Britain is privately owned (even while some portions are not clearly registered).In general the public pass across the countryside using ‘permissive’ paths and byways. This equally applies to Common lands, be they Town or Village Greens, they were generally restricted.
An argument for ‘unrestricted access’ and a ‘right to roam’ is developed from the olden days prior to the ‘Inclosure Acts’ of the 16th, 17th and 18th centuries when aspiring middle-classes created a land-owning society. Prior to the enclosing of land, the general public had access to waste lands in common and could wander with relative freedom. Such freedom appears to still be in Scotland and in the Nordic and Baltic countries.
The 2000 Act came into operation in 2003 when local government became responsible for ensuring ease and safety of access. This required the setting up of Local Access Forums with members suitably knowledgeable of the demands required by the Act. Typically the members would, as specialists, represent the interests of the general users, the landowners, rightsholders, local councillors and the police. These were all committed to in-depth training to meet the stringent requirements of the CRoW Act.
‘Open Access’ by the general public introduced many potential safety issues, for both the public users, the livestock, interfacing with dog walkers and access through gates or over stiles and bridges. You can imagine the amount of correspondence involved in the introduction of the CRoW Act and the general maintenance required of the Act.
I am, proudly a founder member of the Gloucestershire Local Access Forum (GLAF) where I stand for the Common Lands, the landowners and the ‘Commoners’ with rights over certain lands. The Forum was initially set up fastidiously by Mr Mark Parker, snr staff member of the Council, in 2003. AS
‘A Right to Roam’
“Every man, without distinction of race or colour, is entitled to nourishment, housing, covering, medical care and attention … employment and … the right to roam over any kind of country, moorland, mountain, farm, great garden or what not, where his presence will not be destructive of its present use, nor dangerous to himself nor seriously inconvenient to his fellow citizens”.
H.G. Wells, The Rights of Man. In a letter to The Times, 1939