Browsed by
Author: BBT

Here Be Dragons

Here Be Dragons

How things change. This photograph shows an entrant in the Beamish Trophy Trial (for old motorbikes, and even-older owners) held in the North Pennines recently. The (new) warning sign is at the top of a steep and stony unclassified road, and if a truck tried, then it would probably get to the bottom, but perhaps not in a dignified manner. The motorcycle is about 60 years old. At that date Ordnance Survey maps had not yet started to depict public…

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Restoring the Record: Second Edition

Restoring the Record: Second Edition

Restoring the Record: Second Edition Sarah Bucks and Phil Wadey 2017 ISBN 978-0-9574036-1-1 £32. Bucks and Wadey Publishing, Bryants Farm, Dowlish Wake, Ilminster TA19 0NX. Check for availability, payment & postage costs, at hq@restoringtherecord.org.uk Available from the National Archives Bookshop and the BHS Bookshop. In the rather strange world of ‘lost ways’ and the definitive map, time flies faster than in the everyday dimension. Surely it was only yesterday when the CRoW Act commenced, and we had twenty-five years up…

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Seal of Disapproval?

Seal of Disapproval?

Sometimes you might think that there are few surprises left in rights of way casework. You might be wrong. At the end of August 2017, Cheshire East Council made and published two ‘unremarkable’ s.257 diversion orders, and circulated the notice and copy orders to the usual list of statutory bodies. For no obvious reason, these orders contained only the five articles, sealed at the bottom with the council’s official seal, plus the order map. There were no schedules. The absence…

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Piddlehinton: Poisoned by Policy?

Piddlehinton: Poisoned by Policy?

On 24 September 2004, Jonathan Stuart of Friends of Dorset’s Rights of Way (FoDRoW) applied to Dorset County Council for a definitive map modification order to ‘upgrade’ various public bridleways to byways open to all traffic (BOAT). These were 4 Piddlehinton, 14 (part) and 5 Piddletrenthide, 11 Cheselbourne, and 3 (part) Piddlehinton. There were two applications, although Dorset County Council (reasonably) treated them as one. Together these bridleways form an inverted Y, marked on the sketch map as lying between…

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Never Let …

Never Let …

… the facts spoil a good campaign. Cycling UK is strongly supporting Welsh Government consultation proposals to widen access opportunities for cyclists west of Offa’s Dyke. In a recent news release email, Paul Tuohy, Cycling UK’s chief executive, urges cyclists to respond to the consultation to achieve “the lifting of restrictions to increase access for people cycling.” So, just what ‘restrictions’ would these be? Surely what the Welsh Government is proposing is the statutory creation of access rights where none…

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Oakridge Lane

Oakridge Lane

Trail Riders Fellowship v. Secretary of State for the Environment, Food and Rural Affairs. 18 July 2017. CO/762/2017. Mr Justice Holman. Oakridge Lane, near Radlett, Hertfordshire, is an undisputed ancient public vehicular highway (a ‘main road’), effectively split into two parts by its crossing of The Brook, a meandering and somewhat mobile stream, which now coincides with the road’s northerly course for some distance. The southern stretch of Oakridge Lane is part sealed unclassified road, part already recorded BOAT, and…

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Louise Braham: an Appreciation

Louise Braham: an Appreciation

Louise Braham, who died recently, was the inspiration for the Byways and Bridleways Trust, an original trustee, first editor of Byway and Bridleway, and founder of the Rights of Way Law Review. A barrister by profession, a farmer by choice, and an equestrian by passion, Louise and the other founders, already working for rights of way, came together in the late 1970s, when the legislation was outdated and crude, councils and the voluntary bodies ill-equipped to deal with higher status…

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Time’s Winged Chariot?

Time’s Winged Chariot?

Lincolnshire County Council has recently made a modification order to add a public footpath to the definitive map and statement for Middle Rasen. Nothing unusual there, you say? Well no, not unusual, but worthy of note nonetheless. The application was made in August 1987, and a determination to make the order in September 1988. Yes, thirty years from application to order. The application is founded on user evidence in the period 1925-1955. In 1987 a person just in their majority…

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Modification Notices in Wales.

Modification Notices in Wales.

When an Inspector proposes to confirm an order with modifications, those modifications often require a further round of advertisement and the opportunity to object. The period in which such objections (or representations) can be made is set out in, e.g., a ‘Notice of Proposal to Modify Definitive Map Order’. In England, PINS in Bristol sends this ‘modification notice’ directly to the participants in the order process to date. In Wales, PINS does not (until now) send the modification notice directly,…

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More Drift in Wales

More Drift in Wales

It looks like Wales will soon slide even further away from England in matters of rights of way and other access law and practice. Written Statement – Improving Opportunities to Access the Outdoors for Recreation. 13 February 2017. Lesley Griffiths, Cabinet Secretary for Environment and Rural Affairs. Wales needs a better and fairer approach to public access for outdoor recreation which is less burdensome to administer, provides for the wide range of activities people want to participate in, with sensible safeguards for…

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