5 OCTOBER 2002, Page 28

Landowners have rights, too

From Sir Edward Greenwell Sir: Ross Clark (Banned wagon, 28 September) gives an inaccurate impression of the Country Land and Business Association's position on the 'right to roam' as contained in the Countryside and Rights of Way Act. We have not said, as he states, that Parliament 'does not have the right to take away from landowners the right to exclude others from venturing on their land'. What we have said is that where hard-pressed farmers suffer loss or incur costs as a result of this new right of access, they should receive compensation in return.

In introducing a right of access over various sorts of country, the government has made no provision to recompense any individual who can show that he or she has suffered loss, whether it be limitation on the use of land for grazing, loss of the ability to exploit shooting rights, or the need to make good any damage to walls, fences or hedgerows.

It is taken for granted that if the government acquires property by compulsory purchase, there should be full compensation for the affected owner, Surely, as a matter of principle, that should apply equally when the right to use property as one would wish is restricted.

There is currently no legal action under way on this matter. However. the CLA will continue to exert pressure to make the new arrangements workable, not only for those enjoying the benefits of access, but also for the farmers and landowners who make it possible. The success of the legislation will stand or fall on this.

Edward Greenwell

President, Country Land and Business Association, Belgrave Square, London SW1