Outdoor Focus Autumn 2018 | Page 7

‘A right not a thing’. This bridleway west of Kendal wasn’t very clear on the ground at this point. of interest are outlined in the table over the page. Mobility scooters and powered wheelchairs are also entitled to use all RoWs and Open Access Land. England England has about 146,000km of footpath, 32000km of bridleway, 6000km of restricted byway and 3700km of byways open to all traffic. Only 22% of the RoW network is open to bikes and horses. Wales In December 2013 the Welsh Government published a consultation paper on Developing integrated legislation for outdoor recreation. Two key principles are: presumption in favour of increasing access for responsible recreation and meet the needs of the widest possible range of activities. Organisations such as OpenMTB, Cycling UK, and the British Mountaineering Council became very actively involved in campaigning and lobbying. The Welsh Government has just (June 2018) announced, ‘There were strong but differing views on how best to reform access legislation. We therefore believe that now is not the right time for substantive reform. But we are committed to exploring selected aspects of change where there was greater consensus...’ As yet it’s completely unclear what ‘exploring selected aspects of change’ may mean. In any case, for now the law remains the same as in England. The total RoW network in Wales is about 33000km. Scotland A clear footpath (also part of the Dales Way) in Wharfedale. Scotland’s law is different. Even before The Land Reform (Scotland) Act 2003, there was no distinction between footpath and bridleway, and it was generally presumed that cyclists and horse-riders were entitled to follow any RoW. However RoWs as such were relatively thin on the ground – less than half the total for Wales. There was no obligation on local authorities to record them and they weren’t shown on OS maps. The 2003 Act introduced Core Paths, roughly equivalent to bridleways, and charged local authorities to identify and maintain these. Much more radically, the Act also instituted the Scottish Access Code, which broadly follows the gold standard established by the Nordic countries, often known as ‘Every Man’s Right’. The Code’s access rights, covering most land in Scotland, permit walking, cycling, mountaineering, canoeing and horse riding. Exceptions are houses and their gardens and, usually, land on which crops are growing. Northern Ireland Northern Ireland has a worse position on RoWs; even for walkers, access is much more limited than the rest of the country, as far fewer RoWs are identified. As the Countryside Act 1968 did not apply here, bridleways are strictly speaking only open to walkers and horse-riders. Establishing a right of way One way to establish a RoW is if a landowner dedicates it as such. In fact, Riddall and Trevelyan observe, “Relatively few highways can be shown to have been expressly dedicated.” Most Rights of Way are established, instead, by the ‘inference of dedication’. The basic test for this is that the route has been used by the public ‘as of right’ for 20 years or longer. However, the test fails if a landowner has in any way indicated an autumn 2018 | Outdoor focus 7