What is permissive access?

Permissive access is where landowners allow people to go through private land, even when the public do not have any legal access.

Permissive access opportunities can offer a useful addition to local paths and other networks, providing access for locals and visitors in and around urban areas, to countryside and woodland. They can provide access to local amenities or areas or features of interest that have been previously inaccessible, such as viewpoints, historical and archaeological sites, heritage trees and diverse landscapes.

Permissive paths and permissive area access are not covered by the law relating to Public Rights of Way or Access land under the Countryside and Rights of Way Act but there are some similar provisions that apply. For example, the route should not be blocked by overhanging vegetation. If an agreement has been made between the landowner and the highway authority then the authority might be willing to take up any problems that you encounter with using a permissive path, although they are not obliged to do so. In some cases an agreement allocates responsibilities between the land owner and the authority. If this is not the case, then you will have to request the assistance of the landowner over any problems.

Land owners have a duty of care to those using permissive access across their land.

What land is covered by permissive access?

Permissive paths or areas may be provided on any private land. The access may or may not be provided through a formal agreement. Examples of permissive access are:

• Additional access where there are existing rights (e.g. allowing horse riders or cyclists to use a path which is a public footpath). If you want to cycle, horseride, drive along permissive routes or camp on land with permissive access, you need the permission of the landowner as access is usually only allowed on foot.
• National Trust land and land with National Park access agreements where the landowner or tenant of the land has agreed to allow public access for open-air recreation, normally on foot. The Forestry Commission also provide for mountain biking on land which they have dedicated under CRoW.
• Land with an agreement between a land owner and a specific group of users. In these cases users negotiate with the land owner for access to a particular route or area to carry out their activity e.g. a climbing club may agree access to a crag; similarly a horse riding group may negotiate access for additional riding routes or areas. Such schemes are very varied and they may require: membership of a particular group or club; for people using the access to observe certain rules or restrictions; payment for the access, or a contribution to looking after the access or area.
• Access across agricultural land provided within Government funded schemes such as Tir Gofal and from 2013, Glastir. Glastir is the new sustainable land management scheme run by the Welsh Government which replaces Tir Gofal from 2012. The Targeted Element (TE) of Glastir starts in 2013 and will provide an option for providing permissive access. Farmers and woodland owners can enter into five year agreements to manage their farms in an environmentally sensitive way and this can include allowing access to the public on certain routes or in certain areas. All these routes will be clearly signed and waymarked on the ground and shown on CCW’s Outdoor Wales onLine maps. There will also be signs and waymarking provided on the ground at the entrance to Glastir access.
• Country Parks. These can be found throughout Wales. A few are owned and managed privately, by the National Trust for example, but most belong to local authorities or other public bodies. Entry is usually free, although there may be a charge for car parking or the use of facilities, or on days when special events are being held.
• The National Trust - has other land to which it allows access, including tracts of mountain land and coastline. Check out the National Trust website for more information on their permissive land.

How do I know if land allows permissive access?

Permissive paths are not generally shown on Ordnance Survey maps, because they are not permanent, although some are shown, particularly where they form part of a promoted route.

Permissive access is coloured purple on CCW’s Outdoor Wales onLine map and includes some land covered by Tir Gofal agreements, which give access to specified parts of the farm.

Sometimes there will be a notice at each end of the route explaining this and outlining any conditions that the owner has set. It may be, for example, that use is restricted to daylight hours, that dogs must be on a lead, or that the path may be closed at certain times of the year. There may also be a legally worded notice to the effect that the owner does not intend the path to become dedicated as a public right of way.

Some of the permissive access areas and paths may be closed at certain times of the year to allow agricultural operations (e.g. lambing, heather burning) and to protect sensitive sites (e.g. during nesting of rare birds).

Can I take my dog?

This depends on the permission given by the landowner. A landowner can choose whether to allow dogs on permissive access or not. For example, from 2013 the Glastir TE access scheme will allow a landholder to provide permissive paths for people with or without dogs. You therefore need to check and follow the instructions provided.

Currently, on Tir Gofal permissive paths, dogs must be kept on a short fixed lead at all times whilst on permissive access routes or areas – although access for dogs may be stopped altogether at certain times of the year.

Generally you can take the dog along, unless there is a restriction stopping you from doing so. Information provided on the web site or on notices provided at the entrance to the permissive path or area should tell you whether dogs are allowed or not.

If in doubt, keep your dog on a lead so there is no chance of it harming farm animals, nesting birds or other wildlife. However, if a farm animal chases you or your dog, it is safer to let your dog off the lead or let go of the lead – don’t risk getting hurt by trying to protect it.