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  3. The Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000

Restriction Appeals

Chapter II of the Countryside and Rights of Way Act 2000 allows people with a legal interest in access land to apply to the relevant authority (the Countryside Agency, or National Park authority or the Forestry Commission, depending on the location of the land) to exclude or restrict access for the purposes of land management, or where there is a fire risk, or to prevent danger to the public.  The applicant may appeal to the Secretary of State if the relevant authority does not act in accordance with the application in some respect.

In addition, where a relevant authority has already issued a direction to exclude or restrict access following an application by an interested person, they must consult that person (or whoever has taken over their interest in the land) before revoking or varying the direction.   If the interested person makes representations to the relevant authority and the relevant authority decides not to act in accordance with those representations, the interested person has the right to appeal.

Notice Appeals

Section 35 of the Countryside and Rights of Way Act 2000 allows for access authorities to make agreements with owners or occupiers in relation to means of access on their land, where the authority considers that an existing means of access needs to be opened up, improved, repaired or maintained, or a new means of access needs to be constructed. Authorities may also make agreements with landowners to impose restrictions on any changes to existing means of access.

Appeals relating to access authorities' powers to secure or improve "means of access" under section 38 of the Countryside and Rights of Way Act 2000.

Cases from other years can be found by using the National Archive