Part 3

Public access

Power to restrict public access
14
1
The Council may regulate or prohibit for such a period as, in their opinion is reasonably necessary, public access to any part of the Common or any additional open space (including any path or track) if they think it reasonably necessary in the interests of public safety or for the purpose of—
a
the restoration or conservation of the natural beauty of the Common or any additional open space;
b
the restoration or conservation of the suitability for grazing or recreation of that part of the Common or any additional open space;
c
the preservation of trees or shrubs planted on that part;
d
the protection of animals pastured on the Common or any additional open space;
e
the protection of ground nesting birds; or
f
the prevention of the risk of fire.
2
During the currency of any such regulation or prohibition, the right of access of the public and the exercise of rights of common over the land concerned and all other interests affected shall be subject to the regulation or prohibition.
3
Before exercising any power under subsection (1) above, the Council shall obtain the consent of the Commission except in emergency or where—
a
the area of the land concerned is less than two hectares; or
b
the duration of the regulation or prohibition is for a period not exceeding 30 days.
4
Where the Council regulate or prohibit public access to any land—
a
they may fence the land for the purpose of securing compliance with the regulation or prohibition; and
b
they shall display on the land such notices as they consider are reasonably required to inform members of the public of the regulation or prohibition and the duration of, and the reason for, the regulation or prohibition.
5
Nothing in this section shall authorise the Council—
a
to close, or restrict the right of members of the public to pass along, any highway; or
b
to regulate or prohibit access to any land by the owner of the land or by any person acting on behalf of the owner.