Q&As

Is there a right of entry to land for the purposes of making an order under section 3A of the Countryside and Rights of Way Act 2000?

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Published on LexisPSL on 29/03/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Is there a right of entry to land for the purposes of making an order under section 3A of the Countryside and Rights of Way Act 2000?

Is there a right of entry to land for the purposes of making an order under section 3A of the Countryside and Rights of Way Act 2000?

Section 40 of the Countryside and Rights of Way Act 2000 (CRWA 2000) permits persons authorised by Natural England to enter any land for certain specified purposes. This includes:

  1. CRWA 2000, s 40(1)(a)—for the purposes of surveying it in connection with the preparation or review of any map under CRWA 2000, Pt I, and

  2. CRWA 2000, s 40(1)(c)—ascertaining whether members of the public are permitted to exercise the rights conferred by CRWA 2000, s 2(1)

While we have not been able to find any authority on this point, it does not seem to us possible that CRWA 2000, s 40 powers of entry could be used for the purposes of making an order under CRWA 2000, s 3A, because:

  1. the making of a section 3A order (CRWA 2000, s 3A) cannot be described as the preparation or review of a map; particularly as a separate duty to prepare maps is set out in CRWA 2000, s

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