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Access

Rights of Way

Agriculture

Environmental Impacts

Listed below are some examples of Access to the Countryside work undertaken recently by Asken.

Contact us at:

k.taylor@asken.co.uk

Countryside Council for Wales
Website Support

Asken was appointed on a framework contract to provide assistance to CCW in developing and uploading the content of two websites under its control.  The first is Best of Both Worlds, now hosted by CCW, which was in need of updating to restore broken weblinks and remove inaccuracies.  The second is a new site being developed to assist anyone who has an interest in or a need to produce codes of good environmental practice that can apply to recreational activities.  This has involved not only generating suitable content but uploading it onto a trial site using the Alterian 6.3 Content Management System.

Natural England
Evaluation of permissive access provided under HLS and other schemes

As managers of the Higher Level Stewardship Scheme and some earlier agri-environment schemes, Natural England is required to monitor the outcomes of all aspects of the scheme.  One of the components of HLS was the provision of permissive access.  The payments for permissive access available to new applicants to HLS have been suspended and Defra/NE are keen to know what value existing permissive access delivered under schemes is worth before deciding on the future of the payments.  CCRI and Asken have been appointed to undertake research amongst agreement holders and other stakeholders into the scheme.  Research was undertaken by a combination of telephone interviews, face-to-face interviews and site visits in eight areas around the country.  Asken undertook research in Cumbria, Northumberland and Shropshire, as well as assisting with the analysis of the data gathered.

Health and Safety Executive
Expert opinion of Country Park management

During a school trip, a child fell around 80ft into a disused quarry, sustaining serious injuries.  HSE investigated the incident with a view to prosecuting the owners of the quarry, which is now part of a Country Park.  Asken visited the site and undertook an assessment of the management of the hazard and gave an initial opinion on whether the statutory obligations of the occupier had been met.  This advice was taken into consideration by the HSE when considering whether to prosecute.

Project: Preparation of Leaflet
Client: British Mountaineering Council

One of the major concerns amongst landowners when they let climbers onto their land is the risk they fear they expose themselves to of litigation in the event of someone being injured. The fear is greater when abandoned quarries are involved. Asken was asked by the BMC to review, revise and update a leaflet aimed at owners of land containing abandoned quarries. This set out the relevant laws and how they would apply to recreational climbers on quarries.

Project: Land Manager Attitude Survey
Client: Lake District National Park Authority

Asken was appointed by the NPA to undertake a telephone survey of 100 land managers who manage land within the National Park. The aim of the survey was to assess the level of satisfaction amongst land managers with the service provided by the Authority in relation to public rights of way and CROW access land. Data were analysed and recommendations made to the Authority about how the service levels could be maintained or improved.

Advice on Management of a Quarry
Private Client

A private landowner attempted to reduce risks to public health and safety at a disused quarry by erecting a fence, thus meeting his obligations under the Mines and Quarries Act 1954 and Occupiers' Liability Acts. This was considered by the local highway authority to be in breach of a number of pieces of legislation - Commons Act 2006, Highways Act 1980 and Countryside and Rights of Way Act 2000. Asken was asked to provide an analysis of the legal framework insofar as it applies to the circumstances of this case, undertake a risk assessment and provide guidance on how best the risks at the site can be managed.

Project: Making more use of waterway paths and their surrounding corridors
Client: Inland Waterways Advisory Council/Entec

The IWAC want to examine the scope for making paths alongside inland waterways more valuable for public use - for walking, cycling and horse riding, whether for recreational or utilitarian purposes. This involves a review of the policy framework, the legal context and the implications for managers of the access corridor itself. Asken analysed the legal context of public access (rights of way and open access) insofar as it applies to inland waterways, and reviewed the content of a sample of Rights of Way Improvement Plans (covering England and Wales) and Core Path Plans (in Scotland).

Project: National Park Boundary Review
Client: Natural England/Alison Farmer Associates

After several attempts over many years, Natural England is taking a serious look at the possibility of extending the boundaries of the Lake District and Yorkshire Dales National Parks in the corridor where the two are close together. The criteria used to identify the original boundaries have evolved, especially as a result of the recent decisions made over the creation of the New Forest and South Downs National Parks. AFA assembled a team of specialists to advise on the suitability of several areas as possible candidates for designation. Asken was responsible for reviewing the value of each area from a recreation perspective.

Project: Best of Both Worlds – Reconciling Nature Conservation and Recreation in the Countryside
Client: English Nature, Countryside Council for Wales, Central Council of Physical Recreation

Often, the chance to use a site for recreation is denied because of concerns over the impacts on nature conservation. In many cases, these are ill-founded or can be overcome by suitable planning and management. The aim of the project was to pull together experience and good practice at reaching a mutually-acceptable position, and to make this available to all via a website. The good practice guidance is now available on www.bobw.co.uk, and Asken has been retained to help maintain the site. Click here for more information

Project: Guidance on Long-term Integrated Monitoring of Open Access Land
Client: Natural England

It is now 5 years since mapped access land was officially available for public use as of right. Monitoring of its use and the impacts of this use started in 2005 and Asken, working with FaberMaunsell, carried out this monitoring work between 2006 and 2008. The same team, with Penny Anderson Associates Ltd, have been commissioned to provide further guidance to Natural England on how open access land should be monitored in future, and in a way that means it can be integrated with other NE requirements.

Project: Registration of Town and Village Greens
Client: Defra/Countryside and Community Research Institute

Since new legislation was introduced in 2000 and 2006, several hundred applications have been made to register land as a town or village based on 20 years use as of right. A significant number of these applications has been rejected. The consultancy team was appointed to investigate a proportion of the applications to try to identify if there are any underlying problems over the interpretation of the registration process. Click here for more information.

Project: Trends in Outdoor Recreation
Client: Scottish Natural Heritage/Macaulay Land Use Research Institute

The Scottish Government has set a series of targets, including NPI 41 (which is the % of Scottish adults who take part in outdoor recreation more than once per week). The consultancy team was appointed to explore the underlying trends in outdoor recreation so that any government intervention can be measured against this baseline.

Project: River Ribble Recreation Study
Client: Environment Agency

The Agency is preparing a recreation strategy for the North West Region and is keen to develop projects that will help realise it. Asken was commissioned to firstly undertake a research ‘audit’ of the River Ribble and its main tributaries, in order to find out what sort of recreation already exists.

Project: Water-based Recreation Activities – Needs and Preferences
Client: Lake District National Park Authority

Working with FaberMaunsell, Asken undertook research into the needs and preferences of people who make use of the Lake District’s lakes, rivers and the coast for recreational purposes. The findings fed through into the Authority’s management strategy and 'BigPlan'. Click here for for more information

Project: Information Handbook for LAF Members
Client: Natural England

Research undertaken by CCRU (and Asken) identified the need for LAF members to have better/easier access to information about countryside access and recreation in order to be effective in their role. Asken was appointed by NE to consult LAFs over the scope of material and then to develop the information, including guidance on possible LAF roles (drawing on experience of good practice from LAFs themselves). Click here for more information.

Project: Access/Environment Policy Review and Briefing
Client: Central Council of Physical Recreation

CCPR formed an Access Group and wrote draft policies for access and environmental sustainability. Asken reviewed these policies and suggested changes and other enhancements. A briefing day for officers was also organised in which a range of possible action points for CCPR were discussed in the context of recent changes in legislation.

Project: Editing and Updating of Booklets
Client: Countryside Council for Wales

Two of CCW’s publications are now out-of-date and need to be updated. The two booklets are:

• A Model Approach for Resolving Conflict in the Countryside
  Sport and Challenge Events in the Countryside

Asken was contracted to consult with target audiences to determine if the need for the booklets exist and, because responses suggested that it does, Asken updated and edited them.

Project: Site Management Investigation
Client: Keoghs/Motor Insurance Bureau

Asken provided an expert analysis of the nature and management of public access to a site in Manchester. The site was the scene of an accident between two motorcyclists, one of whom is now paralysed. Key issues were the integrity of the boundary fences, the site’s history and the nature of the motorcycling activities undertaken on the site.

Project: Options for Improving Access to the Coast
Client: Defra

Following implementation of CRoW Part I, Defra wanted to examine options for providing improved access to England’s coast. Working with a team of experts in different fields, Asken led the option evaluation process. The work provided the basis of a Partial Regulatory Impact Assessment. One of the options, with some modifications is now enshrined in law - The Marine and Coastal Access Act 2009. Click here for more information.

Project: Evaluation of the Implementation of CRoW Pt 1
Client: National Assembly for Wales

Following completion of the implementation of Part I of the Countryside and Rights of Way Act 2000, NAW were keen to understand the effectiveness of their implementation programme. Asken was appointed to undertake the evaluation, through a programme of consultations and interviews with key partners and stakeholders in Wales.

Project: Research Into Local Access Forums
Client: Countryside Agency/University of Gloucestershire

The Countryside and Rights of Way Act 2000 imposed a duty on all highway and national park authorities to set up Local Access Forums (LAFs) for their areas. These have now been set up in most areas and have been operating for several years. However, some LAFs have been struggling to recruit and retain members, whilst others appear to be thriving. The research explored what LAFs are doing and achieving and what constitutes good practice. The findings fed into revised LAF Regulations and guidance. Click here for more information.

Project: Strategic Farm/Estate/Croft Access Planning and Management
Client: Scottish Natural Heritage

Asken was commissioned to develop a tool to help land managers prepare strategic management plans to help them deal with public access to their land. Working with Scottish experts, a model was developed, and then tested on three case study farms. Click here for more information.

Project: Support for Development of Access Product
Client: Farming and Wildlife Advisory Group

Asken was retained to assist FWAG in developing its capability in advising farmers on issues related to public access. This involved two training sessions at an in-house conference and provision of supporting material for use on its intranet website.

Project: Revising Documents – Out in the Country and Managing Public Access
Client: Countryside Council for Wales/Countryside Agency

Recent access and RoW legislation has made two of CCW’s key publications seriously out of date. Similarly, the Countryside Agency’s version of Managing Public Access also became very dated. Asken revised and updated these publications, drawing on the experience of its directors and associates to span the wide range of issues addressed Click here to go to the Managing Public Access - England webpage and here to go to the Out In the Country - England webpage.

Project: Outbreaks of Fires on Open Country in Spring 2003
Client: Countryside Agency, Countryside Council for Wales, Forestry Commission

The spring of 2003 saw an outbreak of fires on open country around the country, some of which were very destructive. The fires provided an opportunity to gather data that can be used to help calibrate a fire risk model and assist in making decisions about access management in future. Asken gathered these data and undertook a series of 15 case studies that looked in more depth. The outcome of the research assisted these ‘relevant authorities’ in deciding how they should operate restrictions on access land for fire risk management.

Project: CROW – Obligations and Opportunities
Client: Gwynedd Council

Gwynedd Council wanted to examine the implications of simply meeting their duties under CROW or fully engaging with CROW by using the range of new powers available as well. Asken, working with Cynefin Consultants, assessed the cost implications for the Council and the impacts on the wider image and economic activity of the area. This included surveys of exemplar authorities in England.

Project: Land Management and Recreation
Client: Scottish Natural Heritage

Asken, working with Peter Scott Planning Services, was appointed by Scottish Natural Heritage to identify good practice for managing land to which the public has access for recreation. The work involved literature search, focus groups, case study examples and consultations with various interested parties.

Project: Good Practice Data Bank
Client: Forest Enterprise

Asken was appointed by FE to advise on the development, design and creation of a web-based Good Practice Data Bank for use by its site managers. The Data Bank brings together guidance on good practice in managing public access and recreation at forestry sites.

Project: Organisation of Site Visit
Client: Countryside Agency/Countryside Council For Wales

A joint meeting of the access forums for England and Wales (the National Countryside Access Forum and the National Access Forum for Wales) was held in order to provide an opportunity for access issues to be discussed and contrasted. Asken was appointed to organize the event, which was based around a specially selected site on the English/Welsh border. Asken ensured that the site visit provided for a range of technical issues.

Project: Provision of Background Material for RIAs
Client: Department for Environment, Food and Rural Affairs/Entec

DEFRA are required to undertake Regulatory Impact Assessments (RIAs) of regulations brought forward as part of the implementation of the Countryside and Rights of Way Act 2000. Entec was appointed to provide background material on costs, benefits and other impacts of the regulations on various sectors of society, including small businesses. Asken acted as sub-contractor and provided specialist advice with respect to the impacts on countryside access users and land managers.

Project: Predicting Levels of Use of Access
Client: Countryside Council for Wales/Entec

Asken (working with Entec) was commissioned to extend the coverage of a GIS-based computer model designed to predict levels of use of open countryside by the public to include Wales. The model worked with UK Day Visit Survey and other data to predict the ‘post-CROW’ situation.

Project: Advice on Risks to Public Health and Safety on Access Land

Client: Countryside Agency

The CRoW Act requires the Countryside Agency (in England) to provide advice on public health and safety. Asken was commissioned to identify and quantify risks to the public on access land, and to consider how these risks could be mitigated. A HAZAN was used for the former, and review of guidance (both statutory and non-statutory) and consultation with relevant organisations (e.g. HSE).

Project: Predicting Levels and Patterns of Recreational Use of Open Countryside
Client: Countryside Agency/Entec

Asken, working with Entec, developed two computer-based models which helped the Countryside Agency determine the likely visitor pressure to areas of open countryside both before and after the introduction of the CRoW Act, 2000. The first model uses census data, countryside visitor surveys and distance decay functions to predict levels of use in specific areas. A GIS is used to predict where people may go when on open countryside based on research into what attracts/detracts visitors. Sites are assessed for their attractiveness at a 1ha resolution and visitors distributed in proportion to attractiveness. The models were pilot tested in the Agency's two lead areas.

Project: Practical Ways of Managing Access
Client: Countryside Agency/English Nature

Asken was appointed to undertake research across a wide range of organisations into ways of managing public access. The research was prompted by new legislation to create access to open countryside. The research focused on finding techniques of minimising adverse effects for all interests - landowners, farmers, nature conservation, cultural heritage and so on. The outputs were trialled using Asken's website. In addition to the web-based output, Asken has been asked to prepare promotional material - leaflet and booklet - and to advise the Agency what measures may be suitable for financial incentives. This word formed the basis of the Countryside Agency's Guide to Positive Access Management. Click here for more information.

Project: Public Access and MOD Land
Client: RPS Consultants/MOD

The MOD (mainly the army) own or lease considerable areas of land which they use for military training. Many of these training areas are located in upland areas and are of interests to the public for a variety of reasons - archaeology, nature conservation, amenity and recreation. Whilst public access and military training are hard to reconcile, the MOD wanted to find ways in which it can enhance opportunities for public access without compromising training realism or public safety. Asken undertook research into a number of specific training areas as part of a team reviewing the whole access issue, especially in the light of new legislation in England, Wales and Scotland.

Project: Impact of Public Access on Livestock Management
Client: Entec/Countryside Agency

In parallel with the new legislation to provide access to open countryside, the Agency needed to be able to advise farmers about how they might mitigate the impacts of public access on livestock farming. Asken was sub-contracted by Entec to provide expertise on access and cattle (beef and dairy) farming. Asken also co-ordinated inputs from a sheep specialist and prepared the final report.

Project: Costs of Access to Local Authorities
Client: Entec/Local Government Association

CRoW Act legislation places a number of duties on, and gives powers to, local authorities to better manage access to open countryside and use of public rights of way. Prior estimates were broad brush in nature, so the LGA commissioned a study to investigate the impacts in more depth. Asken undertook the bulk of the research; this including an in-depth analysis of the Bill identifying which clauses may have impacts felt by local authorities. Asken developed a spreadsheet for use by authorities to capture costs in a standard form for analysis. The results were used by the LGA in negotiations with central government for greater funds. A briefing based on the report was referred to by their Lordships when debating the new access legislation in Parliament.

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