Unlocking Nature: Encouraging Public Access to Private Lands

Unlocking Nature: Encouraging Public Access to Private Lands

The Natural World Should Be Accessible to All

Picture this: a world where everyone, regardless of their background or circumstances, has the chance to roam freely across the stunning landscapes that our planet has to offer. This isn't just a utopian dream; it's a vision of an inclusive, environmentally conscious society. Let's delve into the realities of public access to land and explore why this is such a vital cause, and the barriers to making it a reality.

The Benefits of Time Spent

From reducing stress and boosting mental health to fostering creativity and enhancing physical well-being, the benefits of spending time in nature are numerous and profound. Nature isn't just a backdrop for our lives; it's a crucial element of our well-being. Imagine the clarity of mind that comes from time spent in a temperate rainforest, the inspiration from watching a river carve its way through the landscape, or the sheer joy of breathing in the fresh, crisp air of the countryside. Every time we welcome visitors to our Estates, we see the positive impact nature has on people.

?Environmentalism Through Experience

To inspire a generation of environmental champions, we must ensure that people can experience and connect with nature firsthand. It's hard to champion something you don't understand or value. By opening up our natural spaces, we create opportunities for people to build a personal connection with the environment. This connection fosters a deeper appreciation and a stronger commitment to protecting our planet.

?COVID-19 & Environmental Appreciation

The COVID-19 pandemic brought many challenges, but it also highlighted how much we value our natural spaces. When lockdowns restricted our movements, many of us longed for the simple pleasure of a walk in the park or a hike in the hills. This period underscored the importance of nature in our lives and made clear that access to these spaces is not just a luxury but a necessity for our collective well-being.

Right to Roam: A Clearer Path in Scotland

In Scotland, the right to roam allows the public to access most land and inland water, providing a clear and straightforward framework for enjoying the natural world. This model simplifies the relationship between landowners and the public, promoting a culture of mutual respect and shared responsibility. Extending this right to England and Wales would in many ways simplify access and enhance the public's ability to enjoy and appreciate the environment but even whilst championing public access, I am acutely aware of the difficult realities.?

Complex Reality

While the idea of open access is appealing, the reality for landowners, especially those focused on conservation, is complex. The majority of people are courteous and respectful, but unfortunately, a significant minority are not. This minority can cause substantial damage, from littering and vandalism to more severe issues like fly-tipping, antisocial behaviour, and violence directed at people, property, and animals.

?The Challenges Faced by Landowners

For small farmers and landowners facing the combined impacts of climate change, economic pressures, and other challenges, the idea of opening their land to the public can be daunting. The costs associated with repairing damage, managing access, and ensuring the safety of both visitors and the environment are significant. I think it’s incredibly important for people to recognise the risks that private landowners are exposed to without payment or mitigation as part of the public access to their land. That final point is so important to remember – it is after all in most cases their land! It's essential to recognise and address these challenges to find a balanced approach otherwise an increasing number of landowners will take matters into their own hands and say no, you’re not welcome here.?

Insights from the Earl of Devon

Charles Courtenay, the 19th Earl of Devon, shared his experiences on our podcast, highlighting the dual commitment to advocating for public access while managing the realities of land ownership. During his time at Powderham Castle, he has dealt with serious issues, including terrorism-related incidents, extensive fly-tipping, and even the brutal killing of livestock (a sheep bludgeoned to death with a baseball bat!). However, despite these experiences, he still advocates for public access while equally sharing the view that private landowners should be paid and protected when doing opening their land.

?Balancing Public Access and Environmental Protection

As conservation-focused landowners, we face the paradox of encouraging public access while protecting the environment from potential harm. This mirrors the challenges faced by national park CEOs, who must balance public enjoyment with conservation goals. Their jobs are almost impossible due to the conflicting demands of inviting more people into national parks whilst ensuring nothing at all changes - yet their contributions are invaluable.

Managing Risk and Liability: Our Experiences

Private landowners also face exposure to risk and liability that they haven’t invited. At one of our estates in Scotland, there is ongoing pressure from the distant community to open farming gates for vehicle access across the landscape. While the land is open to pedestrians and cyclists, allowing vehicle traffic presents significant risks, especially in remote areas, unsuitable roads with significant drops and nearby private tenanted residences and young children.

At another one of our estates, this time in Devon, we had to collaborate with the police to remove trespassers. A large group set up a permanent camp, presenting a significant wildfire risk. The cost of dealing with such situations is substantial and impacts our ability to fund conservation initiatives effectively.?

Encouraging Private Landowners to Open More Land

Extending my rule of always trying to offer help or solutions where we find challenges, some of the following ideas may help some people in some situations…

Liability Protection: Implement policies that protect landowners from legal liabilities associated with public access. Clear guidelines and insurance options can provide peace of mind to those worried about potential legal issues.

Financial Incentives: Introduce government or private grants and subsidies for landowners who open their land to the public. This can help cover the costs of maintenance, repairs, and infrastructure improvements needed to accommodate visitors.

Infrastructure Support: Provide support for building necessary infrastructure such as trails, signage, parking, and waste management facilities. Well-managed access points can reduce environmental impact and improve the visitor experience.

Community Stewardship Programs: Establish volunteer programs where local communities help maintain and monitor public access areas. This can reduce the burden on landowners and foster a sense of shared responsibility and respect for the land.

Educational Campaigns: Launch campaigns to educate the public on responsible behaviour while accessing private land. Promoting awareness about the impact of littering, vandalism, and other negative behaviours can help mitigate these issues. This is something Camp Wild have done incredibly well.

?Partnerships with Conservation Organisations: Encourage collaborations between landowners and conservation groups to create and manage public access areas. These organisations can provide expertise, resources, and support to ensure sustainable and beneficial access.

Recognition and Rewards: Develop programs that recognise and reward landowners for their contributions to public access and conservation. Awards, public acknowledgements, and certifications can enhance the reputation and morale of participating landowners.

Flexibility in Access Rights: Allow landowners to designate specific areas for public access while protecting sensitive regions. This balance ensures that conservation efforts are not compromised while offering recreational opportunities.

A Commitment to Public Access Despite Challenges

Despite these challenges, we remain committed to finding ways to help people enjoy our estates sustainably. Initiatives like our ecotourism offer, Oxygen Escapes, partnerships with Camp Wild, and plans to improve on-site facilities are steps towards providing better access. However, it's clear that we can't be everything to everyone, and some areas must remain restricted to protect sensitive ecosystems or those trying to recover from the impact of people in the past.

In Closing (The Gates)

Public access to the natural world is a crucial aspect of fostering environmental stewardship and enhancing our collective well-being. While the benefits of open access to natural spaces are clear, the complexities and challenges faced by landowners must be acknowledged and addressed. Private landowners, especially those focused on conservation, often bear the brunt of issues such as littering, vandalism, and liability risks. These challenges can make the idea of public access daunting and financially burdensome.

To overcome these hurdles, we need a balanced and collaborative approach that encourages landowners to open their gates while providing them with the necessary support and protections. Financial incentives, liability protections, community stewardship programs, and educational campaigns are all essential tools in this effort. However, it is equally important that local communities play an active role in this partnership.

Communities can contribute by respecting the land, participating in volunteer stewardship programs, and supporting landowners in maintaining and monitoring access areas. This collaborative spirit can foster a sense of shared responsibility and respect for the land, making public access a mutually beneficial endeavour. By offering their time, resources, and respect, communities can help ensure that public access is sustainable and beneficial for everyone involved.

In closing, creating a future where the natural world is accessible to all requires thoughtful management, respectful engagement, and innovative solutions. It also requires a strong partnership between landowners and communities. By working together, we can ensure that our natural spaces remain protected while being enjoyed by generations to come. Public access to private lands should not be seen as a demand but as a collaborative effort where everyone has a role to play. Through this partnership, we can create a more inclusive, environmentally conscious society that values and protects the natural world.

Dr Jon Moses

Right to Roam Campaign

2 周

Hi Rich, Sounds like we're broadly in agreement on many of the solutions. Right to Roam's view is: -Incorporate access infrastructure into ELMs (and align it with local authority masterplans to create logical new routes and cater to accessibility needs etc). -Strengthen and clarify liability protections (the existing protections are generally stronger than many landowners - or their insurers - realise, but I can understand the anxiety). -Create a default right of access to land and water subject to justified exceptions, which should include flexibility and protection for sensitive conservation need. In practice, most access issues can be resolved through sensible access infrastructure. [More on that here: https://theecologist.org/2024/aug/02/roam-rights-have-their-limits] -move closer towards collective land stewardship (that might mean giving up stricter ideas of ownership & exclusivity on the one hand, but benefitting from community guardianship on the other - we call it Wild Service) -We'd also add much needed regulation around dogs, see our proposals here: https://www.righttoroam.org.uk/dogs-policies

Kate Russell

Chief Operating Officer at Tellus Natural Capital Ltd

2 周

While I agree that access to nature can benefit people, not all of nature benefits from access by people! We still need undisturbed places and perhaps we need to explain better to people why it is that they can and should be excluded from some places, so that the non-human beings can also thrive.

Eben Myrddin Muse

Physicist | Researcher | Policy Professional

3 周

Some interesting thoughts there Rich.? From a liability point of view, our experience in the British Mountaineering Council is instructive as to the reality of a danger of claims made against a landowner. Both the 1957 and 1984 stipulate that a duty of care does not apply to visitors who willingly accept risks - including but not limited to rock climbers. On CRoW land, as noted by Gwyn, there is a further reduced liability with those exercising their rights expected to take primary responsibility for their own safety. Technically those using open access land are not visitors so the duty of care of the 1957 act does not apply towards those visiting access land. Liability is limited to injuries from man made objects rather than natural features: Section 13 of CROW says an occupier of land owes no duty to any person lawfully exercising his or her access rights with respect to risks from: “Any natural feature of the landscape(including natural crags and cliffs), or any river, stream, ditch or pond, whether natural or not, or; people passing over, under or through any wall, fence or gate, except by proper use of the gate or a stile.” See more here: https://services.thebmc.co.uk/Download.aspx?id=944

Lydia Graham

MSc student in Global Conservation and Ecology at Cardiff University | Restoration Ecology | Conservation

3 周

Really interesting article and a really important issue. I've worked in the outdoor pursuits industry and the conservation industry and the lack of connection between the two concerns me. I completely agree with your comment that it is hard to champion something you do not value. I am a strong advocate for including more conservation training in outdoor qualifications and working more closely with outdoor companies to protect and maintain the landscapes for conservation and recreational value. Love to hear others having the same conversations. ??

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