Certain access rights that were in existence before the CROW Act take precedence over CROW rights where they overlap with mapped open country, registered common land or land dedicated for access under Section 16 of the Act. The enactments granting such rights are listed in Section 15 of the CROW Act and are shaded purple on the open access website maps. These areas are referred to as Section 15 land.
These maps are not definitive, but represent the best data Natural England has been able to collect so far. The maps are updated periodically with any new information which comes to light.
Landowners and managers cannot use CROW restrictions on these areas. This is because these areas have different access rights from CROW rights. They may have their own regulations or byelaws to manage their access arrangements.
Categories of Section 15 land
Natural England has mapped areas which documentary evidence indicates are within one or more of these Section 15 categories:
1. Land Subject to S193 of the Law of Property Act 1925
Urban commons
Metropolitan commons
Rural commons with a deed of declaration
2. Areas covered by a scheme under the Commons Act 1899 or where a Local or Private Act gives a right of access
3. Areas where an access agreement or order under the National Parks and Access to the Countryside Act 1949 applies
4. Areas to which S19 of the AncientMonuments and Archaeological Areas Act 1979 applies
What Next?
Natural England has agreed with Defra to run a project to raise awareness of Section 15 and the opportunities available, and decide how best to proceed with any review of the data collected so far.
We are meeting organisations with a close interest in the rights available, or management of the land affected to discuss the issues arising. To view or download the papers for the meetings please click here.
We have taken legal advice on issues related to the enactments at Section 15. You can download this here.
How you can help us keep the existing access land maps up to date
Natural England has collected as much information as possible to identify areas of land affected by Section 15 of the CROW Act. However, we are aware that some information is missing from the archives, and the status of land and access rights can change over time. If you know of any documentary evidence which would help us update our maps, please call our Open Access Contact Centre on 0845 100 3298, or email openaccess@naturalengland.org.uk.
Sources of Information on Existing Access Rights
Natural England has researched both national and local archives, and contacted many organisations in order to collect data to create maps showing the location of Section 15 land.
Here are links to a selection of the sources of we used and where you can find further information:
The National Archives(formerly the Public Record Office)
