Bridleways question

YorksG

YorksG

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Does anyone have any knowledge of where an order to downgrade a lane or bridleway to a footpath should be lodged?
Our bridleways group are trying to find out the legality of the downgrading of some local lanes, in the 1980's, and can't find out where or if the orders were lodged! The rights of way department don't seem to know either, which seems a bit odd to me.
 
Have you tried your local Highways Department (as opposed to Public Rights of Way Department)? You say it was 'lanes' that were downgraded, which suggests that these were maybe Class 5 Highways originally.
 
The rights of way department is part of our highways department unfortunately.They have no idea where the orders are, or where they were lodged, or the date when it happened!
 
yorksG said:
Does anyone have any knowledge of where an order to downgrade a lane or bridleway to a footpath should be lodged?
Our bridleways group are trying to find out the legality of the downgrading of some local lanes, in the 1980's, and can't find out where or if the orders were lodged! The rights of way department don't seem to know either, which seems a bit odd to me.
Click to expand...

How odd. I would pressure the PROW dept a bit more, sounds like you're not getting the full info.

Were they permissive bridleways?

Have you tried searching through the parish council's minutes... I would have thought there would be something in them about it.

ETA: The PROW dept WILL have copies of the definitive map, and any ammendments to it. Your bridleways group can ask to see it, and any ammendments and previous versions in the last X years. If the older stuff isn't held at the PROW dept then it could be held at the council records office, or at Kew.

I wonder if they were historical, and not claimed bridleways, and if maybe the local ramblers organisation have put in a claim for the route to be made an official footpath, so not intentionally downgrading it as such. If this is the case your bridleways group would be able to build up a portfolio of evidence as to why it should be a bridleway and get its status changed.

Give me a bell if you want to bounce ideas :)
 
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The prow lot realy do not know!! They were green lanes, some of them part of the pack horse 'roads' which crossed the penines. The definitve map does not give the dates of the changes, which is odd in itself, we think. Parish council records are a good idea, thanks.
I am convinced that the orders, to be legal, MUST be lodged with a court or gov. dept. with a date attached, but no-one at our local council appears to know if this is the case or not. Any other legal order, application etc. has to be lodged with a named body. eg Mental health act applications must be lodged with the medical records office, within 24 hours of them being made, then passed to the mental health act commission with in 7 days (less if section 2). Anyone who is subject to an application can have access to the records, even if through their solicitor. I can't believe that there is less legal obligation for PROWS. None were permissive, all were recognised rights of way.
I am thinking of freedom of info application, but I need to know who to make it to!
Will ring after the weekend :)
 
This book is one our bridleways guru swears by - hopefully that would tell you the legal stuff they have to do.
:)

ETA Ignore me if I'm trying to teach you to suck eggs, but the definitive map should have a parish map and statements to go with it - both typed and handwritten, inspections and summaries of every ROW on the map. The handwritten ones may well have ammendments - literally, as in crossings out or edited notes in different colour pen - on them.
 
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That is very interesting, as one of our members has a copy of the deffinitive map, but it has no notes attached, so we need someone to check the map at the PROW office. I have a nsty feeling though that ours has no notes, as one of our members is a local councillor who also cannot find the info from the PROW lot. The plot thickens, how legal is our deffinitive map I wonder?
 
The definitive map wouldn't have notes attached per se, and our PROW office don't seem to "get" what it is we need from them until we ask them specifically, so its quite possible your members have been sent just the map without the statements that feed into it in all innocence.

If PROW have lost the notes, maybe the parish council still have a copy, or they are being stored elsewhere.

Anyone friendly with the walkers/ramblers society? I know it can be terribly political, but could be they have some light they are willing to shed.
 
Hm that is possible, but still want to know where the changes have to legally be lodged, as I am pretty sure until they are, they are not legal, if that makes sense. :)
 
These are the regulations regarding publishing notices for the modification, downgrading or extinguishment of a public right of way:

Once a decision to confirm an order has been made the authority must, as soon as practicable give notice of confirmation. The notice must be published, served and displayed. The order must be made available for public inspection.
The notice must appear in at least one local newspaper. The notice must also be served to every owner, occupier and lesseee of any land effected by the order and every other local authority. These include parish and community councils and parish meetings where there are no parish councils.

I would suggest that you contact the Definitive Map Officer of your local County Council as they may hold records of the order.

If you require any further assistance then I would suggest that you contact your local BHS access officer details of which I can provide you with if you E-mail me at peter.natt@btinternet.com

Peter Natt BHS Volunteer Access Bridleway Officer North Hertfordshire
 
Are you a amember of your local bridleways group? If not, and you don't know who they are, your local PROW department will tell you, or as someones else has said, apaproach the BHS at Stoneleigh. They hold lists of all bridleway groups.
 
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