Browsed by
Month: January 2016

No Alternative?

No Alternative?

In a s.257 order determination, can an Inspector decline to divert a bridleway on to an estate motor road where no reasonable alternative off-road route has been provided in the proposed development? Probably not. See the report on decision FPS/L2820/5/2.

Packhorse Bridge Near Hebden Bridge

Packhorse Bridge Near Hebden Bridge

This old packhorse bridge at Colden outside Hebden Bridge survived the Boxing Day 2015 floods intact .   Typical low sides to the bridge to admit the passage of packhorse panniers  

Inclosure Interpretation

Inclosure Interpretation

Cast your mind back to the Dunlop case (1995, in the courts, and a good few years before that in process) and the arguments regarding the correct construction of the terminology used in the Glatton Inclosure Act and Award. Marvin Sanders, a resident of Sawtry, just up the road from Glatton, needs some assistance with the Sawtry Inclosure, which appears to be a close cousin to that of Glatton. If anyone out there is able to assist Marvin then please…

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Changing Perceptions

Changing Perceptions

The creeping ‘conversion’ of public bridleways into¬†blacktopped high-speed cycle tracks in Newcastle upon Tyne shows no sign of being reversed. Actually, the route at issue this time is a restricted byway rather than a bridleway, and the Ordnance Survey has shown it as a RUPP, and then as an RB, from the start of rights of way depiction. Now, online ‘Explorer‘ OS mapping is showing the way, to the west of ‘Gosforth Golf Club’, and south to ‘Dentmires Bridge’, as…

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What! No NERCA?

What! No NERCA?

Inspector Michael Lowe considers an order to ‘upgrade’ a footpath route to restricted byway on the basis of pedal cycle user evidence, but he seems to overlook s.67 of NERCA with regard to a stretch of road that was previously on the list of streets. Click here for the report.

Disclaimer Disclaimed

Disclaimer Disclaimed

You know how the Ordnance Survey has a ‘disclaimer’ on its maps, negating what is shown as evidence of the status of public rights of way? Well, it is not quite that simple when you dig in to the issue. Catriona Cook has written a paper on this, which is now available via this website” click here.

Who is the ‘Landowner’?

Who is the ‘Landowner’?

In a recent decision letter, reference¬†FPS/Z1585/4/23, Inspector Peter Millman considers a s.119 diversion order ‘in the interests of the landowner.’ The landowner is in the process of selling his house, and the ongoing benefit of the diversion would accrue to a prospective purchaser. Is such a purchaser the ‘landowner’? This decision is summarised in Inquiry Issues.