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Can TV/movie filming remove the right of way in England and Wales?

  • In Britain, we have a large number of rights of way - footpaths, bridlepaths, byways and highways - regulated under the National Parks and Access to the Countryside Act 1949, the Countryside Act 1968, the Highways Act 1980, the Right of Way Act 1990 and the Countryside and Rights of Way Act 2000 among others. When television or movie filming takes place, does one still have a right of way even if a road or footpath is closed? I was once prevented from walking down a public road in the London Borough of Greenwich due to filming taking place for a movie and was asked to wait ten minutes until a shot was complete. If I had ignored the instruction to not walk down the road during filming, would I have been legally protected by the right to way, or does filming of this sort give the producers of the film the right to legally access what are otherwise public roads and byways?

  • Answer:

    You might want to read this article on the laws for http://en.wikipedia.org/wiki/Rights_of_way_in_England_and_Wales (Wikipedia). This law allows access to land via a byway to be closed up to 28 days per year by the owner. But this is not entirely applicable because you are really talking about a public road, rather than a legally protected right to pass through private land. A public road has been paved and is available for anyone in the public to use. You can get a permit of license from the local government allowing temporary closure of the road for purposes such as building construction, roadwork or underground utilities (normally the government just does these themselves), or even a partial closure where the parking is temporarily designated as private. Movie productions fit into this temporary closure. Here is an article on Film London about obtaining such a permit and what restrictions need to be applied while filming under such a license: http://filmlondon.org.uk/filming_in_london/planning_your_shoot/permissions_and_boroughs

Todd Gardiner at Quora Visit the source

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