Closing a cycle path

indiat

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Hi guys,

Does anyone know of a landowner who has had success taking access away from Sustrans? About three years our local landowner opened a cycle track that Sustrans is meant to police. Because a local riding school and RDA centre used it, the agreement was that no dogs were allowed on the track. The problem is that dog owners are ignoring the signs and are pretty abusive when asked to leave or at least put their animals on the lead. We have had a few incidents with horses being chased and things came to a head last week when a child was attacked by a setter when she was walking home along the path with her mother. She's OK, her mother chased the dog off, but was told to eff off by the owner when she told him to get of the cycle track or at least put the dog on a lead. What frustrates us is that Sustrans are meant to police the path but they say they have done enough by putting up signs. We are all pretty sick of the agro but we have no idea if we can make the path private again. We used to have lovely safe hacking for novices and little ones as well as the disabled riders and Sustrans assured us this wouldn't change. We don't have a problem with cyclists or walkers and I know we sound mean but it really is having a big impact, especially on the RDA. Has anyone had any experience of this?
 
Sorry, pissing in the wind springs to mind, millions of laws and regs, more signposts than trees and 90% of people please themselves and nobody enforcing a thing, let us all know if anyone actually gets off their arse to actually enforce anything, too many actuallys actually........
 
If you can provide me with answers to the following questions then I may be able to advise you as who has a right to use the track concerned?

Is the track on the definitive map as a Public Footpath, Bridleway or a Restricted Byway?

Did the landowner sell the land that the track is on to Sustrans? If so is the track only for cyclists or does it include walkers and/or horse riders and/or carrage drivers?

Did the landowner give permissive rights to Sustrans and if so who did he agree could use it?

Which Parish and County is the track in?
 
Thanks for replying Owlie. The cycle track is part of the Colliers way in Somerset and is the section that runs from Wellow to Midford. Until three years ago, the part which we are in dispute over was just a farm track and not on any maps as a right of way of any kind. Sustrans approached the landowner and asked him if he would open the track for cyclists for an annual fee and they would maintain it. He has not sold the land and reserves his right to close it once a year which he does so for a month in the winter for shooting. Sustrans and the landlord agreed that only horse riders from Wellow Trekking Centre could use it, cyclists and walkers. Dogs are not allowed or motorised vechicles. Sustrans wardens are meant to police the area but we have never seen anyone. I know the landlord had started legal proceedings to get the access agreement revoked but Sustrans refuse to communicate and the only letter we have had from them is that they are fulfilling their part of the agreement by having the signs up and they are not legally entitled to do more. I haven't seen the agreement they signed with the landlord. The mother of the child who was attacked has made a police complaint, complained to Sustrans and notified the landlords solicitor. I hope this helps.
 
That's exactly our point! Its a bit like laying down laws but having no police force or court system to punish people who break them. I realise Sustrans is a charity but if it cannot enforce the access rules it agrees with landlords then it shouldn't agree them. We all feel misled. One warden did come out to meet us three years ago but he told us he didn't agree with the no dog rule as he likes to bring his dog with him when he cycles so he wasn't going to enforce it. The daft thing is, the walkers and cyclists have benefited us. There is always some one on the track so we all feel better if we ride on our own. Now the landlord just wants to put big gates and give us a key which means a lot of people wll be cut off from it, which is a shame. His own wife won't walk the track anymore she has had so much abuse from dog walkers and the little girl who was attacked won't walk along it anymore or take her pony out. Its ridiculous.
 
It does depend what was in the contract but if the contract only allows for cyclists then no one else is allowed to use it without permission from the landowner.

The mother of the injured child should also report the incident to the local District Council Dog Warden.

The Landowner could get his solicitors to look at the agreement and serve notice on Sustrans and cancel the agreement if they have not been honouring the terms of the agreement. Alternatively just give notice for the statutory temination of the agreement with Sustrans.

Dogs must be kept under control at all times in a public place and even within the owners property the Enviromental Act can be used to act against owners of dogs that are being a nuisance or danger.
 
Please don't blame Sustrans for this. They are trying to get a nice safe network of routes for all groups to use. They cannot possibly police every yard of every route. There are other routes in urban areas which have become no-go routes to cyclists because the local yobs target them with broken glass etc. The people in the wrong are the dog-owners. If I had £100 for every time a dog owner had told me that their animal was harmless I could have retired by now. If my horse behaved that badly I'd be ashamed and she'd have a sore bottom. I was only pointing out all the bite and claw marks on her from dog attack 11 years ago, to a friend yesterday so I'm not surprisingly, not a great fan of dogs.
 
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