Welsh Government Consultation Document Taking Forward Wales Sustainable Management of Natural Resources. Response of The British Horse Society The Society concurs with the Welsh Government, that the current system underpinning access to the countryside in Wales is too complex and burdensome. A fairer approach is required, that will provide more safe off road access for equestrians, who are arguably the most vulnerable of road users. Equestrians need greater access to paths and open country and consequently the British Horse Society endorses many of the proposals in this consultation. Allowing for a broader range of non motorised recreation on paths, open country and inland water will encourage, facilitate and enable more people to use these areas to improve their own personal health and consequently the health of the nation, as well as bringing added economic benefit to Wales by the increased spend as a result of such recreation. Equestrians desperately need safe routes for the same reasons as walkers and cyclists; many roads are no longer safe for them to use due to the speed and volume of traffic on the roads. British Horse Society research has shown that there have been 2,568 road accidents reported to them in the last 6 years, which involved the death of 222 horses and 38 riders. These days, many equestrian rights of way can only be reached using busy roads. In Wales, riders currently have less than 22% of the public rights of way network and much less in many counties. In some areas, there are no bridleways at all. Many rights of way are now disconnected from each other because the roads that connect them are no longer safe for equestrians to use because of the speed and volume of motorised traffic on them. This leaves many equestrians without access to a safe local route to use. We know this impacts on equestrian core market participation, with 44% of those riding once a week or less saying they would ride more frequently if they had access to safe off road riding or bridleways (BETA survey, 2015). This is the most cited reason that would make people ride more frequently. 91% of respondents to a recent survey of 750 horse riders said that spending time outdoors was very important, or important motivation for horse riding, therefore providing places for people to ride outdoors safely is vital to sustaining the core market. The National Equine Database statistics for 2012 state that there were 134,748 passported horses in Wales. Based on the British Equestrian Trade Association s finding that horse owners spend 3,600 annually on their horses this represents an annual investment by horse owners into the Welsh economy of 485 million.
Horse ownership also provides and supports work for many in rural areas where local employment is much needed - such as farriers, vets, petrol stations, timber yards, feed merchants, farmers and the livery yards where many of these horses are kept. The British Horse Society looks forward to working with the Welsh Government to help deliver quality riding and carriage driving access in Wales The consultation asks 3 questions in respect of Chapter 4: Access to the Outdoors:- Question 15 Will these proposals deliver consistency in the opportunities available for participation in different activities and provide effective safeguards for land management and the natural environment? Question 16 Will these proposals deliver a more integrated and up to date system for identifying, designating and recording publically accessible areas? Question 17 Will these proposals provide significant clarification to ensure that the public, land managers and others are clear about their rights, responsibilities and duties in relation to access to the outdoors? The Society believes it can best respond to these questions by addressing each of the proposals 10 27. Proposal 10 To enable cycling and horse riding on footpaths to occur under the same conditions as those provided for cycling on bridleways under section 30 of the Countryside Act 1968. These provisions allow for cycling without placing additional burdens of maintenance and liability on the local authority; and they prioritise the ordinary users of those paths. Whilst it would not place additional liabilities or maintenance burdens on local authorities, it would enable them to plan and implement surface and furniture improvements to routes that would add most value to the rights of way network. It would place the onus of checking the suitability of individual paths on users. The Society supports proposal 10. The Society believes that there are currently a large percentage of existing footpaths that could accommodate horse riders and provide useful extensions and linkages to the current limited network of bridleways and byways. There will, though, be some footpaths that are not suitable. The Society is willing to work with Government and relevant partners to identify these and determine the most appropriate streamlined process to achieve this. Horse riders currently have access to only 22% of the public rights of way network in Wales, and in many areas there are no bridleways or byways at all. Many bridleways and byways often are not linked up, allowing horse riders to ride on suitable footpaths will in many cases provide these much needed links. It will also resolve anomalies where there are bridleways and byways that change at an administrative boundary to a footpath on the other side of that boundary. Proposal 11
To amend or revoke the following list of restrictions on access, provided in Schedule 2 (1) of the CRoW Act 2000: (b) uses a vessel or sailboard on any non-tidal water; (c) has with him any animal other than a dog; (i) bathes in any non-tidal water; and (s) engages in any organised games, or in camping, hang-gliding or para-gliding. The Society supports proposal 11, and in particular amending restriction (c) to permit horses. Access land could provide much needed safe off road access for horse riders. Bridleways and byways often terminate at access land and amending (c) to permit horses will mean these will no longer be cul de sac routes for horse riders. The Society believes that the restriction in (a) drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the Chronically Sick and Disabled Persons Act 1970 should be amended so as to permit horse drawn carriages to access these areas. These areas contain many tracks that would be ideal for carriage driving. Proposal 12 To allow, with appropriate authority, organised cycle racing on bridleways in order to bring rules relating to bridleways into line with footpaths. We would welcome any further suggestions for change in relation to anomalous or unreasonable restriction on public rights of way. The Society has serious concerns about allowing organised cycle racing on bridleways as this could encourage cyclists to practice racing on bridleways before and after events to the detriment of other users of the bridleway, and would therefore perpetuate a form of behaviour that does not reflect responsible use of such routes. The use of Bridleways for informal racing puts the safety of other users at risk and often displaces their legitimate use of bridleways, and destroys the ethos of quiet recreation on bridleways. For this reason the Society cannot support proposal 12. Proposal 13 To extend CRoW Act access land to the coast and cliffs. The Society supports proposal 13, as long as the amendment to the restrictions, to permit horses, as put forward in our response to Proposal 11 is taken forward. The Society would support all public land, including that owned by local authorities, national bodies and Welsh Government being dedicated under section 16 to bring lasting benefit from such land to the nation of Wales so as to allow horse riders to access such land. Proposal 14 To extend Part 1 of CRoW Act access land provisions to rivers and other inland waters
The Society supports this proposal. Horses will need to cross rivers and streams when crossing access land. Proposal 15 To establish NRW as the authority responsible for: identifying appropriate access and egress points; implementing measures to promote responsible use, including the use of river level indicators; and mediating between the different user interests to facilitate user access agreements. The Society is not convinced that Natural Resources Wales (NRW) would be the appropriate authority to manage access to water, because of a possible conflict of interest being both the determiner and the regulator of subsequent activity/impacts. We are also concerned that NRW would not have the necessary resources to undertake this role without diverting resources from other important access work. Proposal 16 To establish a statutory caveat on all users to behave responsibly whilst exercising their right to participate in recreation on access land, inland water and on public rights of way. The Society supports proposal 16. All users need to respect other users, and behave responsibly whilst exercising their right to participate in recreation on access land, inland water and on public rights of way. The Scottish Outdoor Access Code works well in Scotland, and users are aware of their responsibilities to other users as well as to land owners and occupiers. Proposal 17 To enable temporary diversions and exclusions to be applied across all accessible land and water where circumstances require them and after the safety and convenience of the public have been considered. The Society supports proposal 17 in principle but more details are required as to the caveats that will be put in place to ensure that access is not lost for unduly long periods, and that diversions are provided. It is considered that diversions will be appropriate in most circumstances. It is important that the public have the opportunity to object and make representations to any temporary diversions and exclusions, especially if these are to apply for a long time. Proposal 18 Dogs to be on a short fixed length lead in the vicinity of livestock at all times of the year. In all other circumstances they will be subject to effective control, a legally defined term already used in England under Schedule 2 paragraph 6A of the CRoW Act. Exceptional circumstances relating to safety and the protection of nature conservation will be identified and guidance provided by the access code.
The Society supports proposal 18. There have been many incidences reported to the Society where dogs have not been in effective control and caused significant injuries to riders and/or their horses. The Society has produced an advisory leaflet entitled Look at it from my point of view setting out advice for dog walkers and horse riders. Proposal 19 To enable the development of one statutory map of accessible areas and green infrastructure. Layers of mapping would initially include CRoW access land (including water), public rights of way and designations, including, National Trails. Legislation would need to allow further layers to be identified and added. The Society supports proposal 19. To ensure that as many people as possible benefit from these proposals it is important that people are able to easily ascertain where they can legally go. Proposal 20 To amend technical provisions relating to procedures for creating, diverting and extinguishing public rights of way; and the recording of amendments to the definitive map and statement. The Society supports proposal 20. Any such amendments should result in local authorities having more resources to address any backlog of applications that currently exist. The Society would support the following proposals to reduce the burden placed on local authorities, landowners and the voluntary sector in respect of definitive map modification orders and public path orders, namely: The ability to address modifications arising from administrative errors The ability to modify the definitive map and statement by consent, so that local authorities can agree a modification of a route where a landowner agrees with the principle of an application but wants the route to run on an alternative line, for example to take it out of an operational farm yard. Doing away with the need for applicants for definitive map modification order applications to provide copies of documentary evidence that the surveying authority already has. Requiring the local authority rather than the applicant to notify the landowner, so that the local authority can ascertain whether the landowner wants to agree to a modified route, ie to remove the line of the path out of a farm yard. Providing the ability for an applicant for a definitive map modification order application to transfer an application to someone else. Removing the requirement for surveying authorities to advertise definitive map modification order applications or public path applications in newspapers.
Enabling the surveying authority not to have to refer an order to the Welsh Ministers if they believe that nothing in any representation or objection would be relevant to the Welsh Ministers decision to confirm the order. Providing the ability for a surveying authority to sever an opposed order so that the Welsh Ministers need only consider the disputed element of the original order. Proposal 21 To introduce provisions to allow flexibility in relation to stock control measures on public rights of way. The Society supports proposal 21. Any provisions should require that temporary diversions are provided where appropriate. Any stock control measures should adhere to the presumption of least restrictive means of access, and adhere to the British Standard. When gates and stiles are no longer required for stock control measures they should be removed. Proposal 22 To amend the requirement for a decadal review of access maps to a process of continual review. The Society supports proposal 22. A process of continual review will ensure that the public have access to the most up to date information which will mean that they will be better able to access such land. Proposal 23 To create a requirement on local authorities and National Park Authorities to develop integrated access plans to take effect anytime up to the date of the next review in 2027. The Society supports proposal 23. Proposal 24 To repeal the Cycle Tracks Act 1984. In doing this create a new type of public right of way, cycle paths, prioritising cycling and walking (and subject to proposal 10 above) to be recorded on the definitive map and statement. All existing cycle tracks designated under the 1984 Act would be recorded as cycle paths. The Society supports proposal 24, subject to the caveat that horse riders must be able to use these routes. The Society considers these would be better classified as bridleways, restricted byways or multi user routes. Proposal 25 To repeal unwanted provisions in the CRoW Act. In particular those relating to the 2026 cut-off date for historical routes under sections 53 56 of the CRoW Act. The Society supports proposal 25. Repealing these sections will reduce the burdens on both the voluntary sector and the local authority sector to record historic routes, until the use of such routes
is actually called into question, or evidence of the existence of a route comes to hand. Many unrecorded historic routes are currently in use and will continue to be used until such use is called into question. Imposing a cut - off date simply results in untimely applications being made to local authorities. Proposal 26 To develop a statutory code for access to the outdoors for recreation similar to that already in place in Scotland under the Land Reform (Scotland) Act 2003 The Society supports proposal 26. All users need to respect other users, and behave responsibly whilst exercising their right to participate in recreation on access land, inland water and on public rights of way. The Scottish Outdoor Access Code works well in Scotland. Landowners and users are aware of their responsibilities to each other. Such a code could also build people s awareness and appreciation of Wales natural heritage and how to protect it through responsible behaviour. Proposal 27 To review the regulations and guidance relating to local access forums with a view to updating and clarifying their role and membership. The Society supports proposal 27. There needs to be clear guidance as to what is meant by local. For example, having one local access forum for Powys means that because of the size of Powys it is often not local. Powys would be better served by having more than one local access forum. Local access forums should be consulted more in respect of access proposals being put forward by councils, landowners and developers. Dated 7 September 2017 Mark Weston Director of Access The British Horse Society Mark.weston@bhs.org.uk