. TRAINING OVER PRIVATE LAND (TOPL) Estate Practitioner Guide 02/11 Management Document Aim: The aim of this Practitioner’s Guide is to describe the procedure to be followed for military use when planning and conducting Training Over Private Land (TOPL) in the United Kingdom. Document Synopsis: It is MOD policy to prioritise training on property that is owned, leased or licensed by the MOD and managed by Defence Training Estate (DTE) or, where the MOD has direct responsibility for land including DE&S, the Garrisons or the Regional Forces Cadet Association. TOPL is the preferred solution when DTE is unable to allocate suitable training facilities on the MOD Estate and the proposed activities are compatible with private land uses. The objectives of the Guide are to provide: a. A comprehensive and single reference document for TOPL in UK. b. Guidance on the procedures and processes to ensure consistency of approach in seeking to obtain approval and land clearance for TOPL in order to minimise risk and delay. c. Guidance on the conduct of training on TOPL in order to minimise the disruption to Landowners and the continued use of the area for Military Use. d. To provide specific Regional guidelines, where they differ from standard practice. Document Information Property Directorate Sponsor: June Harrop Date of Issue: May 2011 Reviewed: 28 May 2012 Contact if different from above Sponsor: Who should read this: [e.g.] All DIO Staff, CESO, CEstO, TLB MOD Trading Fund, MOD NDPBs and Contractor Staff, Naval Command (NC), Land Command, Air Command (AC), MOD Joint Capability When it takes effect: Immediate When it is due to expire: when rescinded Equality And Diversity Impact Assessment This policy has been Equality and Diversity Impact Assessed in accordance with the Department’s Equality and Diversity Impact Assessment Tool against: Part 1 Assessment Only (no diversity impact found). Document Control Distribution Document Name: Training Over Private Land Version No: 3.0 Version Date: Feb 2012 Author: Major M Kelly (SO2 OPS 1, HQ DTE), - SME Reviewed By: J Harrop DIO StratPol-Policy1b - Sponsor Review Date: Version Control Date Issued Version Author Reason for Change Mar 10 V1 Maj Kelly Initial issue May 11 V2 Maj Kelly Update May 11 V3 Maj Kelly New Annex J Reference Documents A JSP 362 - Volume 2 Leaflet 6 (Training Over Private Land in the United Kingdom). B JSP 907 – Use of Training Estate C JSP 550 Low Flying Aeronautical Information Document - Sect 1 Annex B LFA7 LFA7(T) D LFSO 1407 Helicopter Tactical Manoeuvre Flying over Private Land in the UK E LFSO 1502 Challenge Pursuits - the Supervision and conduct of Mountain Biking) F JSP 418 - MOD Environment Manual. G Commander’s Guide to Safety and Environmental Risk Management, Edition 4. 2005, Army Code 71815. H JSP 375 - Volume 2 Leaflet 11 (Risk Assessments). I LFSO No 3202 (Reporting of Incidents and Matters of Public Interest). J AGAI 1 Ch 1 for details of AT Instructions/Students K JSP 440 The Defence Manual of Security 2 TABLE OF CONTENTS Introduction ............................................................................................................................................... 4 Aim ............................................................................................................................................................ 4 Roles and Responsibilities ....................................................................................................................... 5 Applications for TOPL .............................................................................................................................. 5 Budget/Finance ........................................................................................................................................ 7 Clearance of Land .................................................................................................................................... 7 Endex and Post Exercise Procedures ................................................................................................... 14 Regional Variations ................................................................................................................................ 14 Useful TOPL Contacts............................................................................................................................ 14 ANNEXES ANNEX A - Clearance of Land – Summary of Procedures .................................................................A-1 ANNEX B - Application to Train Over Private Land ....................................................................B-1 - B-3 ANNEX C - Land Clearance Agreement form............................................................................ C-1 - C-3 ANNEX D - Form of Indemnity.................................................................................................... D-1 - D-2 ANNEX E – Countryside Code .............................................................................................................E-1 ANNEX F - Incident Report..................................................................................................................F-1 ANNEX G – ENDEX Clearance Form ................................................................................................. G-1 ANNEX H – TOPL - Lake District, Isle of Man, SW England, Channel Islands ....................... H-1 - H-2 ANNEX I – TOPL in Scotland ................................................................................................................ I-1 ANNEX J – TOPL in Wales...........................................................................................................J-1 - J-3 ANNEX K – Address and Contact list .....................................................................................................K ANNEX L - Glossary ……………………………………………………………………………………L -1 3 TRAINING OVER PRIVATE LAND IN THE UNITED KINGDOM PRACTITIONER’S GUIDE INTRODUCTION 1. Policy. Reference A gives the MOD policy on Training Over Private Land (TOPL). 2. TOPL. a. It is MOD policy to prioritise training on property that is owned, leased or licensed by the MOD and managed by Defence Training Estate (DTE) or, where the MOD has direct responsibility for land including DE&S, the Garrisons or the Regional Forces Cadet Association. TOPL is the preferred solution when DTE is unable to allocate suitable training facilities on the MOD Estate and the proposed activities are compatible with private land uses. b. TOPL is military training carried out on land by virtue of a written permission from a private landowner. The landowner can be a private person, a public body (such as the National Trust or the Forestry Commission) or public company (such as Water Authorities). Respecting that all land in the United Kingdom has an owner; it includes common land or land subject to “open access rights” in England1 or Wales and access across open country in Scotland, subject to the provisions of the Scottish Outdoor Access Code. c. The critical difference between licensed as opposed to owned or leased land is that the MOD does not have exclusive use of licensed land and the land may not always be available when required. The use of privately owned land by military personnel is not an entitlement and the continued use for training is dependent on maintaining good relations with both landowners and local communities. d. Those wishing to carry out any TOPL are not allowed to do so without the approval of DTE, and authorisation by the Regional Forces Brigade (RF Bde)/DIO Brecon and written agreement from owners and occupiers The clearance of land in advance of military exercises is a prerequisite and directly linked to the planning and identification of the exercise requirements. Disruptive activities involving helicopters or deployment of large groups of personnel and vehicles by day or night require a greater degree of planning and notification. A unit or individual will be held responsible for any damage to property or injury resulting from training that has not been authorised. It is most important to foster and retain good relations, avoid damage and inconsiderate behaviour. It is essential to comply with the Countryside Code at all times. 3. Military Use. Military use includes any activities by individuals, groups or Units conducting any kind of training2 whilst under MOD authority. AIM 4. The aim of the TOPL Practitioner’s Guide is to describe the procedure to be followed for military use when planning and conducting Training on Private Land in the United Kingdom. 5. Objectives. The objectives of the Guide are to provide: a. A comprehensive and single reference document for TOPL in UK. 1 Including the Isle of Man, the Isles of Scilly and the Channel Islands. 2 Training - Any activity, tactical or adventurous training (AT); and including any sporting activity such as canoeing, cross country running or orienteering organised by a Service unit. 4 b. Guidance on the procedures and processes to ensure consistency of approach in seeking to obtain approval and land clearance for TOPL in order to minimise risk and delay. c. Guidance on the conduct of training on TOPL in order to minimise the disruption to Landowners and the continued use of the area for Military Use. d. To provide specific Regional guidelines, where they differ from standard practice. ROLES AND RESPONSIBILITIES 6. Units. Units are required to obtain authorisation from the local RF Bde, written consent from the landowner, carry out planning3, conduct