Our small farm is blessed with its fair share of public footpaths and rights of way. Year after year, it seems like the popularity of accessing the countryside is increasing with more walkers passing through each summer. But with the greater influx of people seems to come a reducing understanding of how to go about accessing the countryside. So let’s talk about the state of the countryside code in 2023.
We’ve been on our farm in Cornwall for four generations, and my parents agree with me; we’re seeing more litter, interference with livestock and lost walkers in odd parts of the farm than ever before. Whilst not wanting to seem like the ‘get off my land’ type, a simple understanding of the countryside code makes life a bit less stressful for farmers and visitors alike.
What is the countryside code?
The countryside code is a set of guidelines managed by Natural England and Natural Resources Wales. Offering guidance to both the public and land managers, the code has gone through several iterations since it was first published. At various stages, it has been the subject of public information campaigns and refreshes.
The code is not a legal document and nothing in the code is legally binding, however there are some points of guidance that warn against activities that could lead to a legal issue arising.
The countryside code first appeared in the 1930’s. By the mid-twentieth century, we had by far the clearest iteration of the original countryside code which, in my opinion, is largely still valid guidance today.
The original countryside code
The original countryside code featured 12 simple steps that were easy to follow and are just good common sense. Here’s a look at the 12 steps of the original countryside code:
1. Enjoy the countryside and respect its life and work
Enjoying the countryside is simple enough, but respecting its life and work is the key here. Essentially the guidance is; come out here but please don’t get in the way. Don’t leave your car parked in a gateway. Don’t expect the tractor driver to stop for you as you cross the field, it’s up to you to stay clear and take care of yourself.
2. Guard against all risk of fire
You might be surprised just how flammable the countryside is, particularly in summer. During dry harvests, it’s not uncommon for machinery or buildings to catch fire and burn down. This is why we’re so sensitive about disposable barbecues and discarded cigarettes. If you make a fire, be sure to put it completely out when you’re done.
3. Leave gates as found
This part of the countryside code used to be ‘Fasten all gates’, which is fair enough as we often discover gates on the footpaths that have been opened and left unfastened or very poorly fastened afterwards. All our gates have a bolt fastening and a secondary chain or rope as a precaution. Finding a gate unbolted really bothers me because you have to be pretty useless not to be able to fasten a gate.
Leaving gates as found is better advice as it advises against closing gates that may be open for a reason. It’s common to give livestock access to more than one field, particularly where they need access to a water source in the next field. Closing a gate that should be open could cut livestock off from somewhere they need to be able to get to.
4. Keep your dogs under close control
Livestock and dogs are not always a good mix. With every spring comes the next wave of distraught farmers posting on social media about losses after a dog attack. These attacks aren’t the work of pit bulls and rottweilers bred to be aggressive, they’re all too often regular dogs whose irresponsible owners don’t know how to control them.
Every dog owner loves their dog dearly and don’t like to hear that they might not have total control and understanding of their dog. But unless you know exactly how your dog behaves around livestock of all shapes and sizes, it’s simpler to just put them on a lead whilst moving through livestock. We always put up signs on fields that have both sheep and footpaths asking dogs to be on leads. We’re grateful to see dog owners complying with our request and we’ve never had a loss to a dog attack.
But whilst farmers anywhere are losing livestock to such an unnecessary act of irresponsible dog handling, this is an important part of the countryside code to emphasise. Dog attacks have been on the up since 2019 and it’s important to note that livestock worrying is against the law and animals of different species do not understand their behaviour, which only causes them stress and fear.
5. Keep to public paths across farmland
This year I’ve been spotting walkers in all kinds of mad places around the farm. Many of them losing track of the footpath long ago and guessing their way around by features of the land like they’re the next Ray Mears. In the UK, the public have excellent rights to access a great deal of common land, moorland, heaths and so on, however the rights to access agricultural land remain limited for the time being.
Whilst accessing agricultural land, the public are still required to stick to the footpaths. It’s our responsibility to keep them safe and passable, it’s your responsibility to use them. Stiles will often feature an arrow or other sign to show you where the footpath continues. With an abundance of maps and apps that detail routes like AllTrails, there’s plenty of help to avoid getting lost.
6. Use gates and stiles to cross fences, hedges and walls
Wherever a footpath crosses a boundary, there will be a stile or gateway that you can use. There should be no need to climb on or over a fence, hedge or wall. This is another reason that sticking to footpaths is important. Whenever I see a walker somewhere they shouldn’t be, I cringe thinking of what’s in store for them when they decide to climb a fence and hedge.
Stiles and gates must be used when crossing a boundary. They also feature arrows showing the direction of the footpath.
7. Leave livestock, crops and machinery alone
Livestock worrying is a crime. Interfering with livestock, particular cows with calves can turn docile animals into a defensive beast that can do real damage. Crops are critical for farmers, so please walk single file through them. Don’t climb about on machinery, you’ll at best break it and at worst fall off it and break yourself.
8. Take your litter home
Empty Coke cans and Mountain Dew bottles don’t occur in nature, so please don’t introduce them. This goes for dog mess too, which can carry parasites that cause health problems in livestock. And don’t just pick up your litter, take it away completely; I don’t need your dog poo in a plastic bag hanging in the hedge. You might be surprised to learn we’re not the National Trust, we don’t have cleaners coming around to pick it up for you.
9. Help to keep all water clean
In the last year or so, cleanliness of waterways has grown in the public consciousness, so it goes without saying, don’t throw litter in the streams or pee in the water troughs. Troughs only count as urinals when you’re at the local independent music festivals.
10. Protect wildlife, plants and trees
Again, this seems so obvious but don’t trample a load of plants, kick a pigeon or fell any trees. The whole point of accessing the countryside is to enjoy nature and see it as it is supposed to be.
11. Take special care on country roads
These days, it feels like country folk could do with hearing this one more than anyone. Country roads are often narrow, twisty and have a speed limit of 60mph. But it’s not just the risk of meeting other cars; pedestrians may need time to step aside to let cars pass. You’re also more likely to meet a horse on a country lane.
Passing horses can be very tricky, especially if they’re travelling the same way as you. When passing a horse in the opposite direction, either stop and let the horse pass and let your engine idle. Alternatively the horse may stop and allow you pass. Whilst doing so, keep your engine revs down and drive slowly. If you need to pass a horse, you must wait until the road is wide enough or the horse finds a place to stop.
It’s essential not to startle the horse and potentially endanger the rider. Some riders are more conscientious and competent than others and will help you get past them quicker, however it’s important never to do anything to startle any horse like getting too close or sounding your horn.
12. Make no unnecessary noise
The countryside is a peaceful place and other visitors want to experience the countryside as it is, so playing your favourite Ed Sheeran songs on a bluetooth speaker or screaming at your ex down the phone is not helpful.
Revisions to the countryside code
The countryside code was revised in 2004. As with many perfectly functional things that weren’t broken, the turn of the century meant it was time to fix the countryside code. The results was a still valid but reduced countryside code;
- Be safe – plan ahead and follow any signs
- Leave gates and property as you find them
- Protect plants and animals, and take your litter home
- Keep dogs under close control
- Consider other people
70th anniversary of the countryside code
For the 70th anniversary of the countryside code, Natural England released some revised points that offered the same advice that was perhaps softer and less didactic for the 21st century public:
- New advice for people to ‘be nice, say hello, share the space’ as well as ‘enjoy your visit, have fun, make a memory’.
- A reminder not to feed livestock, horses or wild animals.
- To stay on marked footpaths, even if they are muddy, to protect crops and wildlife.
- Information on permissions to do certain outdoor activities, such as wild swimming.
- Clearer rules for dog walkers to take home dog poo and use their own bin if a there are no public waste bins.
- A refreshed tone of voice, creating a guide for the public rather than a list of rules – recognising the significant health and wellbeing benefits of spending time in nature.
- New wording to make clear that the code applies to all our natural places, including parks and waterways, coast and countryside.
Conclusion: The countryside code
I don’t like being the ‘get off my land’ guy, but finding livestock or walkers in a field they shouldn’t be is an unwanted hassle. I’ve yet to have to collect dead sheep in the aftermath of a dog attack, but I guarantee I’ll lose my temper the day that I do.
The original 12 step code is so easy to follow and is common sense for the most part. Reducing the countryside code to five simpler points is very easy to follow and are the bare essentials for accessing private farmland. Plan ahead and be ready, because not all publicly accessible land belongs to wealthy custodians like the National Trust.
Learn more about the countryside code and its history.
Photos by Annie Spratt via Unsplash