I thought the action was over their decision not to consider caving because "it wasn't an outdoor sport", so doesn't change the status CRoW!
I don’t see why it’s relevant that caving should be considered by pedants as ‘outdoor’ or ‘open air’; surely the only thing that matters (as far as CROW is concerned) is simply getting to the cave. If there is free access, then fine, you do what you want when you get there; if not, then you have to work your way round it, perhaps with some sort of access arrangement.
I don’t see why it’s relevant that caving should be considered by pedants as ‘outdoor’ or ‘open air’; surely the only thing that matters ... is simply getting to the cave. If there is free access, then fine, you do what you want when you get there; if not, then you have to work your way round it, perhaps with some sort of access arrangement.
The reason why it's important is that, according to Defra et al., CRoW only refers to "open air" activities and they claim this is synonymous with "outdoor". I'm sure that's why they have come up with this daft claim that you can legally (i.e. CRoW approved) descend an open shaft or pothole as long as you don't go out of daylight at the bottom. (Or, alternatively go into a large cave entrance on the side of a mountain as long as you don't go into the further reaches where it's dark!) Don't forget that under CRoW you are welcome to walk up to a cave, as long as you don't try to enter it beyond the reach of daylight, at which point it become "non-CRoW-approved". So access to the entrance to a cave isn't a problem, it's access INTO a cave itself which is not allowed.
Define extent of day light..... Surely that's as far as solar generated photons get to.....
Quote from: Ed on October 14, 2020, 06:53:43 pmDefine extent of day light..... Surely that's as far as solar generated photons get to..... So I guess you can't go down any caves at night. The more you drill down into this illogical stance on caves and CRoW, the more ridiculous it becomes.
But there is no after dark ban - your eyes can adjust to the lower light levels of stars or moon. All laws have a line drawn somewhere & many of them are fairly arbitrary.
Perhaps this just means we'll have to cave at night, when it isn't possible to determine the extent of daylight?
It seems to me that the way the government goes about defending JR cases is to argue that no decision was ever made, or that the decision they made was not actually a decision, or if there was a clear decision then the government didn’t make it!
NRW did not attend. Defra sent a representative who said nothing. The government as Defendant had stated in advance that they would not bother attending court as they thought it a waste of their time or public money.
To my entirely untrained mind this sounds like "we know we can't win so lets not bother"
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