Wales to Get Scottish Style Right to Roam?

© stroppygob

Did you know that you don't actually have a legal right to climb on the sea cliffs at Gogarth? Have you ever run into no entry signs while out in the Welsh hills? Well change may be afoot. The Welsh government is currently reviewing legislation surrounding access and outdoor recreation. This could fundamentally affect access rights in the countryside, and might even result in a blanket freedom to roam similar to the much envied Scottish system. 

The forbidden valley of Blaen y Cwm - out of bounds to the public  © John Appleby
The forbidden valley of Blaen y Cwm - out of bounds to the public
© John Appleby

The Welsh government believes there's an appetite for greater opportunities for outdoor recreation, whether that's on hills, coastline and waterways or closer to home in local communities. The existing provision for access in the countryside is a mishmash of strictly delineated Open Access land, rights of way, permissive paths and plain old fashioned trespass.

'There is ...consensus amongst local authorities, land managers, and user groups that the current legislation is out-dated, disjointed, burdensome to administer, and often difficult to comprehend' they say.

'This is why we have announced a review of existing legislation and guidance relating to access and outdoor recreation.'

'Our aim is to secure better access to the outdoors for recreation, modernise and simplify the current regulatory framework, and provide clarity and certainty over where people can go and what they can do there.'

The review is taking place in discussion with interested parties across local authorities, user groups such as the BMC, and land owning interests. Members of the public will be able to have a say on proposals emerging from this review when a green paper consultation is published in December 2013.

Meanwhile as one of the key stake holder groups the BMC has been busy on our behalf, and has been involved in a number of workshops, meetings and seminars with officials from the Welsh Government over the autumn months. 

'People familiar with the law surrounding public access to the countryside will know that Scotland has a very different system to England and Wales' writes Elfyn Jones, Access and Conservation Officer (Wales) on the BMC's website.

'In Scotland the law guarantees “a statutory right of responsible access to land and inland waters for recreation”; in simple terms, you can go where you want provided you behave. In England and Wales, however, rights are much more limited. If land is not designated as ‘Open Access’ – principally mountain, moor, heath, down and common land – you do not have a right to be there unless on a right of way or permissive path.'

'Currently there [are] areas of land in Wales of great value to climbers and hill walkers which are technically only accessible by trespass or de facto (or tolerated) access, such as most of the sea cliffs, crags on private woodlands, outcrops on enclosed or semi-enclosed land or land on mountains and moorland that is not mapped as open access.'

'In Wales, at least, that could be about to change.'

Elfyn's article explains what's going on and its possible implications. Read it in full on the BMC website 


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12 Nov, 2013
Would be great change, not just for climbers and walkers, but also mountain bikers
12 Nov, 2013
i have lived in Scotland most of my 51 years .It has never been said to me were are you going & in all my walking mountaineer hiking trips iv never came across a sine that say,s no entry ,apart from military ,or airports we dont have it good we have it right Freedom
12 Nov, 2013
Maybe or it could mean the demise of many protected rights of way and their associated maintenance
12 Nov, 2013
Rights of Ways still exist in Scotland but like any path anywhere even if it is designated that doesn't necessarily mean that it will get properly maintained. There is an emphasis on community involvement in path maintenance and quite rightly so. So it is up to the individual to make sure that paths are protected and to get involved locally with their local authority to help keep paths open. All the best with the land reform.
12 Nov, 2013
We should have the right to roam across the whole of the UK.
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