Consultations

A MOD review noted that the mapping exercise had identified proposed access land at a number of MOD sites not subject to Military byelaws, primarily because in the past public access had not been an issue. In view of hazardous or sensitive activities that take place on these sites it was established that there was a need to control or deny public access. In these cases, Section 28 of the CROW Act allows the Secretary of State for Defence, subject to public consultation, to exclude or restrict access to any MOD land for the purposes of defence or national security by issuing a direction.

The need for 21 indefinite directions was ascertained by the MOD as a result of a risk assessment carried out for each affected MOD site and where a substantive risk to safe public access and/or military capacity was identified. It is the intention the land concerned will be incorporated within Military byelaws, as they are reviewed as part of the current MOD Byelaw Review Project. As this project will take a number of years to complete we may have to review the indefinite directions before new Byelaws are created. The total affected area covers some 2350 hectares.

In accordance with Regulations associated with the CROW Act, which set out a procedure for public consultation over proposed directions 21 draft indefinite directions were placed on the MOD website for a 3 month period in early 2007 and statutory consultees were contacted to advise them of their presence. A web-based response form was created to enable statutory consultees and the public to record their objections and observations. Only two objections were received. These objections were reviewed and the relevant direction was amended.

Secretary of State for Defence approved the 21 indefinite directions in November 2007. These directions were then sent to Natural England for entry into the Natural England register of CROW directions. No restrictions were required in Wales.