My argument is CROW will prevent access to yet undiscovered caves.
And why on earth would it do that?
Permission from digging is a completely separate issue to getting Caving recognised as not being excluded from CRoW
The current situation is...that for a surface dig...relevent permissions need to be obtained from the Landowner...if he's pro-caving he'll say yes...if he's anti-caving he'll say no
The situation after CRoW would be
identical
Landowner permissions will have to be requested and obtained...and it'll be down to the attitude and relationship of the landowner...just as it is now...
To think that CRoW would affect digging permissions would need the following unlikely chain of events...
A Landowner who currently has a good relationship with cavers and allows (or would allow) digging access...with access designated land where he is currently happy for walkers/ramblers/climbers etc etc to venture...BUT upon Caving being recognised under CRoW immediately decides he's anti-caving and bans diggers (whilst maintaining CRoW access to any existing Caves/Underground digs) and yet continues to be happy with far more numerous Walkers/Ramblers etc...
Its pretty far fetched...
If caving isn't specifically excluded under CRoW nothing would change
Though access to underground digs (a majority of dig sites) would be guaranteed/simplified.
No change to landowner liability for digging
No change for Cavers to obtain permissions from the SAME landowner...