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GUIDANCE ON APPEALS AGAINST MAPPING OF OPEN COUNTRYSIDE

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Guidance for landowners, ramblers and other groups involved in appeals against ...
Guidance for landowners, ramblers and other groups involved in appeals against

the inclusion of land on maps of open country and registered common land was

published today by the Department for Environment, Food and Rural Affairs.

This includes advice about:

- The three types of appeal.

- The role of the planning inspectorate in the process.

- The statutory provisions governing appeals.

- The status of appellants.

- The main issues likely to arise.

- Legislation governing costs.

The Countryside and Rights of Way Act 2000 gives people new rights to walk on

areas of open country and registered common land. Before the new right comes

into effect the land must be mapped so people know where they can walk.

The Act requires the Countryside Agency to prepare maps showing all open

country (mountain, moor, heath and down land) and all registered common land in

England. After consulting on a 'draft' map, the agency is required to consider

comments and representations before issuing a 'provisional' map. Anyone with a

legal interest in the land may appeal to the secretary of state against the

inclusion of land on a provisional map.

After the resolution of appeals, the Countryside Agency will issue a

'conclusive' map. There is no right to walk over land until a 'conclusive' map

for that land has been issued.

Appeals will be dealt with by the planning inspectorate on behalf of the

secretary of state.

Notes

1. The government has a public service agreement target to open up access to

all mountain, moor, heath, down and registered common land in England by the

end of 2005.

2. Rural affairs minister Alun Michael announced in November 2002 that the new

right of access would be rolled out region by region; land in the first two

regions, the south-east and central southern England, is due to open for public

access during the summer of 2004.

3. The appeals guidance and further information on the access to open country provisions under the Countryside and Rights of Way Act 2000 can be found on the DEFRA website.

4. Further information on the appeal process is available from the planning inspectorate's website.

5. Further information about the mapping process can be found on the

Countryside Agency's website.

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