The Countryside Access Regulations 1994

Restrictions on acceptance of applications

6.—(1) The Minister shall not accept an application in relation to any land unless he is satisfied that as respects that land at least one of the following requirements is met—

(a) its proximity to a centre of population is such that members of the public will make significant use of access to it;

(b) it provides access to, or to the vicinity of, a landscape feature, a vantage point or a site of archaeological, historical or wildlife interest;

(c) it provides a link between two or more existing public rights of way; or

(d) it provides a continuous circular walk of at least 1.5 kilometres in length.

(2) Subject to paragraph (3) below, the Minister shall not accept an application in relation to any land unless he is satisfied that—

(a) having regard in particular to the existence of public rights of way or permissive access over that land at the time of the making of the application, the terms of the application if accepted would provide new or significant additional access to members of the public; and

(b) members of the public are readily able to reach the land on which new or significant additional access is to be provided by way of a public road, footpath or bridleway.

(3) Paragraph (2)(a) above shall not apply where the land has been the subject of an agreement with the Countryside Commission under the Countryside Premium Scheme (being a scheme under which public access has been permitted to land subject to undertakings under the provisions of the Set-Aside Regulations 1988(1)), and in the opinion of the Minister significant use has been made of that access by members of the public.

(4) The Minister shall not accept an application in relation to any land proposed as an open field site unless in his opinion that site would provide significant possibilities for quiet recreation to members of the public additional to those which would be provided by an access route over that land.

(5) The Minister shall not accept an application in relation to any land which is occupied by a tenant unless he is satisfied that the tenant has notified the landlord of that land in writing of his intention to make the application.

(6) The Minister may refuse to accept an application in relation to any land where he is satisfied that—

(a) access to that land by members of the public would have an adverse effect on any site of archaeological, historical or wildlife interest on or adjacent to that land;

(b) access to that land by members of the public or the management of that land in accordance with the requirements of the Schedule would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or

(c) the payment of aid under these Regulations in relation to that land would duplicate any assistance given or to be given out of money provided by Parliament or by the European Community.

(1)

S.I. 1988/1352, amended by S.I. 1989/1042, 1990/1716, and 1991/1993.