Types of land restriction
Restrictions are used to balance the needs of
walkers and farmers, ultimately to help ensure the safety of the
public and the continuing enjoyment of the countryside for all.
There are two major types of restriction ...
Discretionary restrictions
This type of restriction is useful for landowners and
tennants wishing to exclude or restrict access to their land for
instance when they are lambing.
They can be placed and removed at short notice, so it is
important to check the latest information on this website - whilst
keeping a sharp eye for signs on the land!
Even a restriction of a only a few hours is counted as a full
day - and discretionary restrictions can only be used across 28
days in any one calendar year.
Discretionary restrictions can’t be imposed:
- on Bank Holidays, Christmas Day or Good Friday
- on more than four weekend days
- on any Saturday between 1st June and 11th August
- on any Sunday between 1st June and 30th September
Restrictions by direction (with an application)
Anyone with a legal interest in the land can apply to the
‘relevant authority’ (Countryside Council for Wales, Snowdonia
National Park Authority, Brecon Beacons Park Authority,
Pembrokeshire Coast National Park Authority and the Forestry
Commission) for restrictions by direction.
They can only be applied for if they are necessary for one or
more of the following pressing purposes:
- for reasons of land management
- to avoid the risk of fire
- to avoid danger to the public
If the application is refused, the applicant still has a right
of appeal. However, the land’s access status remains unchanged
whilst any appeal is ongoing.
Restrictions by direction (without an application)
Restrictions can also be imposed by a ‘relevant authority’
without a request from someone with a legal interest in particular
circumstances:
- to avoid the risk of fire
- to avoid danger to the public
- for nature conservation or cultural heritage purposes
Directions and Decisions explained
Direction
This is a legal document issued by the Relevant Authority, when
a restriction or exclusion for access on open access land has been
agreed.
Draft direction
This document is sent to various partner organisations and
registered people who have an interest in the land, consulting with
them on whether or not a direction should be issued. Members of the
public are also entitled to give their say.
Decisions
When a 'relevant authority' makes a decision not to give a
direction for whatever reason they have to justify that reason in a
formal document. This is called a 'Decision not to give a
direction' and is presented in a report format.
About Draft Directions
Before issuing a direction, from six months up to five years,
the 'relevant authorities' must produce a draft version, which is
sent out for consultation to:
- Local Access Forums
- Farming Unions
- Other partner organisations.
This draft version should also be published whenever possible on
a website to give members of the public a chance to comment on
it.
Consultees are given up to six weeks to respond in writing. You
can find these Draft Directions by using the search function of the
Directions and Decisions page.
To comment on a Draft Direction please contact the Authorising
Officer given at the end of the individual document.
Should you have any problems using the Directions and Decisions
search function contact the Countryside Team using the contact
details on the right hand side of the page.