The public rights of way network is, according to Groome (1993), the greatest recreational asset to be found in England and Wales. However, in 1987, MacEwan and MacEwan (p.90) described the administration of the rights of way system as ‘byzantine in its complexity…an administrative and legal jungle’. Thus in 1987, the Countryside Commission set a national target that the whole rights of way network should be’ legally defined, properly maintained and well publicised’ by the year 2000. The target was widely adopted and endorsed by national government, highway authorities, and local and district councils. In order to further provide evidence of the necessity to address access issues, the 1988 Countryside Commission Survey found evidence of poor maintenance in that many public rights of way were inaccessible due to ploughed surfaces, crops, fences and often impenetrable natural vegetation. In fact, it was discovered that 15% of footpaths were ‘impossible to follow’ and a further 20% were classed as ‘poorly’ maintained. A further major problem identified was that many public rights of way were difficult to use or navigate easily around, with only 1/3 of all paths being signposted.
Due to the recognition of the problems with rights of way access in the late 1980’s, the Rights of Way Act 1990 was seen as an important move to counter disruptions to footpaths and bridleways (Garner, 1993). This meant more onus on farmers to ensure maintenance of rights of way which fell on their property. It also gave highway authorities the power to carry out any outstanding or neglected maintenance of pathways which took place on a farmer’s land and subsequently demand reimbursement from the landowner in question (Gilg, 1996). However, this system depended much on the ability and willingness of highway authorities to carry out monitoring. To a large extent this process has been achieved and has led to a more effective way of assessing the impact of schemes in the countryside. For example, in Kent, strategic policies have been adopted by the county council in order to achieve a network of high-quality and varied recreation routes (Kent County Council, in Groome 1993).
At present the management of ‘rights of way’ issues still rests with the highway authorities but involves extensive co-operation between numerous other countryside agencies in order to establish strategic plans which will act to ensure a highly successful and operational network of rights of way for the public to enjoy (Curry, 1997). A press release from the Countryside Commission in 1998 (CC 98/24) did however highlight the need for a new, more flexible approach for the 21st Century because the present arrangements for rights of way administration are “unsatisfactory, expensive, time-consuming and lacking in clarity”. It suggested the implementation of ‘improvement plans’ which highway authorities would have to prepare in order to assess the extent to which local rights of way meet the present and likely future needs of the public. This constant monitoring and assessment of progress has proved to be
successful in enabling the highway authority to focus on downfalls and areas which need improving. It also allows areas of success to be revealed so that these strategies can be adopted on a more nation-wide scale. It was also highlighted that the mapping of networks of rights of way needs to be further updated and publicised and that changing and recording of rights of ways needs to become less bureaucratic and less adversarial.
Two initiatives set up by the Countryside Agency in 2001 which are proving to be popular and relatively successful in their implementation are the introduction of ‘Greenways’ and ‘Quiet Lanes’. ‘Greenways’ are safe, attractive, car-free routes for
healthy recreation and sport. Early research indicates that up to 17 000 km of ‘Greenways’ have been created or at least planned (Countryside Agency, www.countryside.gov.uk, 2003). Their main aim is to link other networks for non-motorised users – such as National Cycle Networks and National Trails. So far these schemes have been incredibly successful and continued research has shown that public demand is strong (Countryside Agency, www.countryside.gov.uk, 2003).
‘Quiet Lanes’ are minor rural roads which have been treated appropriately to enable shared use by cyclists, walkers, horse riders and motorised users. A handful of pilot schemes have been introduced nation-wide involving co-operation between local authorities and countryside communities. These schemes are also showing signs of success in that they are contributing to making the countryside more accessible for public enjoyment through improved travel choice, quality of life and strategic traffic management of rural roads.
However, the attention given to public rights of way has not been without controversy. Farmers and other rural landowners, as ‘stewards’ of the rural landscape, may receive a number of inducements to care for and protect the natural environment. Herein lies the source of potential conflict because many land managers see recreationalists as imposing a cost (Crabtree et al, 1992) rather than providing an opportunity. Such opponents have continually expressed their concerns about the access issue with the Country Landowner’s Association stating in March 1999, following the granting of a statutory right to roam for walkers, that it amounted to the ‘expropriation of private rights without compensation’ (Daily Telegraph, March 9, 1999). It even stated that its members would take the government to court for breaching the European Convention on Human Rights. In agreement, Gillian Shephard, the Conservative environment spokesman accused the government of ‘squandering the goodwill of landowners by introducing compulsion’. (Daily Telegraph, March 16, 1999). Farmers in urban fringe areas feel particularly vulnerable to irresponsible access resulting in vandalism, theft and damage to crops. If not carefully managed, public access can affect farm quality assurance schemes or prejudice specialist breeding programmes (Curry, 1997). However, the right of access was not without some concessions to farmers and landowners. Altogether twenty-one restrictions will apply to ramblers. However, landowners have highlighted that only some of the banned activities are offences under criminal law and therefore not all could lead to prosecution or fines of trespassers. The National Farmer’s Union continues to warn that the ‘right to roam’ risks causing ‘chaos in the countryside’ and simply results in the imposition of new costs on farmers (NFU Publication, 2002).
A major development came in March 2000 when the government introduced the Countryside and Rights of Way Bill (Countryside Alliance, 2000). Kate Ashbrook, head of the Rambler’s Association in 2000, stated that ‘ it is without doubt the most important piece of countryside legislation in 50 years’. The Bill contains four parts, the first two relate to access issues. Part one introduces the concept of a ‘right to roam’ over open countryside i.e. mountain, moor, heath and registered common land in England and Wales. Part two calls for the modification and improvement of existing rights of way networks. In addition wider objectives for access, beyond the Act’s basic statutory requirements could be achieved by meeting the needs of a broader range of visitors such as disabled people and improving access opportunities in the wider countryside through voluntary dedication by landowners (Countryside Agency, CRN 59, 2003).
With regards to appraising the recent developments, an important evaluation survey was undertaken by the Countryside Agency in 2000. It is called the ‘Rights of Way Condition Survey’ and aimed to assess the extent to which the targets of the 1987 Countryside Commission proposals had been met. Unfortunately, it showed that although some improvements had been made, the vast majority of highway authorities had not attained the national targets they had been set. However, it was also shown that where additional effort and resources had been put in, good results were achieved. Thus although targets have not been reached nationally, on more local levels success has been more varied. This relates largely to differences in funding, incentive schemes and participation in monitoring projects by local councils and highway authorities.
The criteria against which success was measured related to whether paths proved ‘easier to find’, ‘easier to follow’ and ‘easier to use’. These criteria were chosen because they are the best way of showing whether increased and more effective access to the countryside has been achieved for the wider public. The survey revealed that;
- None of the 40 survey regions attained the national target
- Specifically, the ‘easy to find’ criteria, requiring that 95% of paths be signposted was not attained in any region. Figure 1 on page 7 shows that England as a whole fell well below target level and shows some counties which were more successful and other counties which were below average.
Figure 1: Percentage of Signposts
Source: Rights of Way Condition Survey, 2000
Another crucial aspect of the survey related to the condition of the paths from the viewpoint of various users. It found that;
- Walkers and cyclists faced an average of 5.2 serious problems per 10km at a national level (refer to figure 2 below)
- Horse-riders could expect to find a serious problem every 2.4 km on average.
Figure 2: Obstructions for walkers and cyclists per 10km
Source: Rights of Way Conditions Survey, 2000
The most serious problem experienced by most types of users was overgrown vegetation which suggested that an increased investment in maintenance is required. However, to improve the condition of the path network to the standard envisioned by the national target would require a further investment £69 million and to purely maintain the network in its current state requires £18 million/ year. Thus issues of funding and investment need to be addressed by the numerous agencies involved.
Despite increased awareness and addressing of the issues surrounding access in the countryside, numerous improvements need to be made to the schemes already in operation. Despite walker’s entitlement to use all local rights of way, there is still scope for local highway authorities to improve these paths and provide safer routes away from busy roads. The need for more circular routes also needs to be addressed. They should also examine the means by which the network of footpaths near to where people live can be improved particularly where this would provide better opportunities for exercise or safe routes to school or work. More consideration for the requirements of equestrians and cyclists also need to be considered due to the fact that bridleways tend to be fragmented in nature. Thus equestrians and cyclists are frequently forced to use busy roads which are essentially unsuitable for horses and bicycles. In addition, relatively few rights of way are suitable for use by those with mobility problems. Major obstacles to these users include stiles, heavy farm gates and narrow bridges. Even those routes which are free from such barriers are not generally managed, promoted or maintained with the needs of people with mobility problems in mind.
Access problems do not only concern rights of way and freedom to roam issues but also include ideas about how more people can access the countryside itself. Harrison (1996) conducted a study in the Lee Valley Regional Park and discovered that access issues for those with restricted mobility i.e. mothers with young children and the disabled and elderly, had been addressed by both the local authority and transport operators working in partnership. This shows that a degree of co-operation is required with regard to different agencies involved in recreational access issues in order to implement and maintain schemes designed to improve access in the countryside. A ‘leisure bus’ initiative has been set up in this park which offers people who do not have access to a car the opportunity of visiting the countryside. This scheme also reduces the amount of car congestion on the roads and therefore leads to less air and noise pollution. The Goyt Valley Traffic experiment which was set up in 1971 was an excellent example of a comprehensive approach to traffic and visitor management in an area under intense pressure from car-borne visitors to such an extent that access issues were becoming a major problem (Countryside Commission, CCP 94, 1976). Motor vehicles, except those carrying disabled persons, were prohibited in the valley between 1030 and 1830 on Saturdays, Sundays and Bank Holidays. Instead, a free minibus service was provided to take visitors into the valley. This experiment proved extremely successful and provided a stepping stone for other traffic and access initiatives to be initiated in other places around the country.
In conclusion, it can be seen that issues relating to access within and to the countryside have been widely addressed and approached by various countryside agencies in conjunction with one another. Access issues are therefore high on any management and planning agenda of these various organisations and as such has not taken a backseat. Recreation is a large part of British life and the various bills, publications and reports which have been published relating to access issues show the concern and need for the management of recreational activities and particularly the promotion of the enjoyment of the countryside for a wider public. Overall, although the ‘Rights of Way Condition Survey’ has shown that many areas and local authorities within the UK have fallen short of national targets for rights of way network improvements and maintenance, many more people are finding that footpaths and bridleways which were previously unusable are now open and the Rambler’s Association in particular has highlighted the fact that the Government kept to its general manifesto of increased access to common land. However, landowners and farmers have a very different perspective in that they feel their rights are being increasingly violated and that the governments failure to provide compensation for losses caused by the imposition of a right of access is a sure sign of unsuccessful management and policy implementation. The legislation thus needs to provide more scope for enhanced support structures and advice for land managers, moving away from an emphasis on more conflict-based approaches (Simpson, in Roberts and Hall, 2001). However, overall it would appear that the policies and strategies which have been adopted have been successful in opening up the countryside for the enjoyment of a wider range of people taking part in a more diverse range of recreational activities. It is important to recognise that access can be beneficial not only for communities, but also for land managers. It has the potential to support a growing role for land managers as ‘countryside stewards', as agriculture continues to shift away from an emphasis on operational efficiency towards a more sustainable approach to the environment (Simpson, in Roberts and Hall, 2001).
