Open Moorland: Fencing

House of Lords

Written answers and statements, 1 April 2009

Photo of Lord Greaves

Lord Greaves (Liberal Democrat)

To ask Her Majesty's Government whether they or Natural England encourage the fencing of open moorland for conservation, farming (including under cross-compliance requirements of single farm payments) or other land management; and what impact such fences have on the provisions of access to open country under the Countryside and Rights of Way Act 2000 and other legislation, and on the landscape objectives of National Parks.

Photo of Lord Hunt of Kings Heath

Lord Hunt of Kings Heath (Minister of State (Sustainable Development, Climate Change Adaptation and Air Quality), Department for Environment, Food and Rural Affairs; Labour)

In some circumstances Natural England does support fencing of open moorland, where this is regarded as essential to meet nature conservation or land management objectives. Where this is the case, Natural England promotes prior consultation with stakeholders, and actively considers how impacts on the landscape and on access can be minimised.

The public access provisions in the Countryside and Rights of Way Act 2000 do not prevent the erection of fences on or around moorland or any other type of open country. Natural England would expect the access authority and the occupier to work together to ensure that suitable crossing points are included at appropriate locations along any new fences—and that where the requirement is temporary, arrangements are put in place for removal of the fencing once it has served its purpose.

In the case of open moorland which is registered common land, approval is normally required from the Secretary of State prior to the erection of any new fences.

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