Access to 'Open Country" restrictions

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 Billhook 18 Apr 2024

I have just read a circular sent to walk leaders in a national park (NYMNP) that reads as follows:-

"Good morning Walk Leaders,

Please see below message from the Ranger Team, I hope this doesn’t cause any major issues for your walks.

Please avoid moorland walks across open access during the critical bird nesting season (April- July). It’s not something we want to encourage, and the open access rights are likely to be closed so would be trespassing."

Whilst the owner of such Open Access Land can ask what he wants, surely they cannot restrict access like this legally  (I believe they can prevent access for up to 28 days per calendar year provided they give notice)

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 jimtitt 18 Apr 2024
In reply to Billhook:

The National Park Authority can close access land at any time.

 ewanjp 18 Apr 2024
In reply to Billhook:

As above, section 26 of CROW allows them to close areas for conservation reasons by 'direction' https://www.legislation.gov.uk/ukpga/2000/37/section/26.

The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 specifies how they must do it, as far as I can tell they have to give themselves 5 days notice that they're going to do it!

So essentially, yes they can do it. Long term closure would go to the access forum.

 Fat Bumbly 2.0 18 Apr 2024
In reply to Billhook:

Please do not disturb the hen harriers etc.

(edit: sorry my error)

Post edited at 18:13
OP Billhook 18 Apr 2024
In reply to Fat Bumbly 2.0:

Yes that was my thought  (just for clarification  read Grouse for Hen Harriers).

OP Billhook 18 Apr 2024
In reply to Billhook:

I've just had a confirmation from the National Park

"Land managers can close open access for up to 28 days and apply for other restrictions such as dog bans for up to 5 years. Public rights of way are not affected by these closures but can be closed for long periods, for a variety of reasons. Not all moorland paths are well defined and there is a likelihood of disturbance on some. Most of our moorland estates choose to use these closures during the nesting season and it can be difficult to give notice (they monitor breeding and try and cover the critical time). Therefore, we ask you not to plan walks/events during this time and to take a responsible approach through the whole nesting season. As you know the moors are internationally important for many birds and we want to minimise disturbance at a critical time and encourage responsible behaviour in visitors. This is as much about whether you should, as to whether you can do something."

I've lived here and walked over the moors for donkey's years and never actually heard, read or seen any restrictions publicised before.  

Thanks all for confirming this.

 pasbury 18 Apr 2024
In reply to Fat Bumbly 2.0:

Protection for the grouse or for nefarious predator 'management'?

Post edited at 21:45
 birdie num num 18 Apr 2024
In reply to pasbury:

How was your roast chicken last Sunday?

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 rogerhill12 19 Apr 2024
In reply to Billhook:

It does just say "please avoid" so I'm guessing it's not an inflexible prohibition.

 pasbury 19 Apr 2024
In reply to Fat Bumbly 2.0:

These bastards need licensing like in Scotland. And the licenses should be damn expensive to pay for a very heavy inspection regime.

Post edited at 14:43
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