Big-Jer

Hi Guys I am hoping you can help again, I am helping to gather information as I have received a request for user evidence for the Old Coach Road (SU 23447 45663 to SU 26630 45880)at Shipton Bellinger in the northwest of Hampshire. The lane is currently designated as a Restricted Byway (RB) but before that it was a RuPP and there is a chance that we can get it recorded as a BOAT if we can show that an exemption to the NERC Act applies. We need to show that the lane was used predominantly for vehicular use before it was redesignated as a RB. If you drove this road in 2006 or before please can you let me at greenlanes@sadlrc.co.uk or Patric Manuel at patrick@manuel.org.uk know Thanks Jer

When are you planning to go? I am a Dorset local and am happy to help!

Its a shame I missed this post until now, on Saturday 22nd August The Solent and District Land Rover Club did a green lane route that came out round the North of Petersfield and up around Bordon coming into West Sussex for a small part of the route, I dont think that would have been to far for you to travel, I believe they're heading up around the Devils Punch Bowl way in a few months time but there is nothing confirmed. I agree with the previous posts telling you to get a couple of Ordnance Survey Maps and make sure you get the 1:25k Explorer series as it is updated more often and gives greater detail.

I have recieved further "clarification" of what evidence Wiltshire County Council require in thier investigation into the use of this lane, to Quote thier reply:- "Just to clarify things, we are really asking about all forms of use to help us identify the main use of the path during those dates. The dates are specified within the exemptions set out at sub-section 67 (2) of the NERC Act, i.e. sub-section (1) which has the effect of extinguishing vehicular rights, does not apply where (i) for the period of 5 years ending with the commencement of the Act in 2006, the main lawful use of the of the path by the public was with mechanically propelled vehicles and (ii) where the path was created by virtue of use by such vehicles during a period ending on 1st December 1930. Therefore any evidence which your colleagues can provide regarding use during these periods will help us to establish whether or not any NERC Act exemptions have been met. We want to ensure that the NERC Act exemptions have been fully investigated". So as I understand it, they are looking to see if the route was originally created by MPV's, and also the main use of this lane in the time it has existed, which on the face of it would probably be as a footpath! But if the land owner was giving unconditional permission for MPV's to use this route in the years leading up to NERC Act and there was no Public Challenge about this use, then evidence of this use could help in making this Lane a Byway. Please correct me if I have got the wrong end of the stick on this one. Cheers Jer

I understand your concern Marc, I too am slightly confused as to how vehicular rights can exist on a lane designated as a foot path, but a claim to upgrade the lane to Byway was made based on "historical evidence" on 8th Jan 2004 and the Rights of Way Officer for Wiltshire County Council has asked me as my clubs Rights of Way Officer for any evidence, my own personal knowledge of the lane is minimal so I placed a post on this forum incase there was anyone who had further knowledge about this lane/footpath, I dont want anyone falsely claiming they were using it as that may get them in trouble but if anyone has been using this lane legally then their evidence would be very useful in opening this lane to all. I shall contact the Wiltshire County Council Rights of Way Officer and try to gather more background information on this Claim/lane. Jer

I would assume it would be similar to GLASS user evidence, in that you give your name & address plus the date you drove the lane, its condition and if you were challenged while you were driving it. Its Footpath No.8 Heddington it starts at ST 992 658 and ends at ST 999 660. I suppose it could be e-mailed directly to Wiltshire County Council ( rightsofway@wiltshire.gov.uk ) or me at greenlanes@sadlrc.co.uk, or posted to Janice Green, Rights of Way Officer, Enviromental Services Department, County Hall, Trowbridge, Wiltshire, BA14 8JD. You could post it to me but then I will have to forward it on to them, e-mail me and I will send you my address. Jer

I looking for evidence to help Wiltshire County Council upgrade a lane currently listed as a footpath to Byway status, so if in the past you have driven this lane, http://www.streetmap.co.uk/map.srf?X=39930...p;A=Y&Z=120 then contact me at greenlanes@sadlrc.co.uk so I can forward the user evidence and return the lane to its former use. Story so far! On 8th Jan 2004 Wiltshire County Council made a Definative Map Modification order to upgrade a footpath at Heddington ( http://www.streetmap.co.uk/map.srf?X=39930...p;A=Y&Z=120 ) to a Byway Open to All Traffic, based on historical evidence. in May 2006 the NERC act came into force and affected the way in which the application was dealt with. As it is an unconfirmed Modification Order then further evidence is needed, especially before 1930 and between 2000 and 2006. Unfortunately they want all this information before 20th April 2009 So if anyone can help please contact me asap. Jer

I think its great that a Land Rover Event is being organised in My local area, thanks Kevin! Solent and District Land Rover Club are hoping to attend, we have set up a link for our members! I would urge as many Land Rover owners as possible to attend aswell, I know the campsite he is using and its in a good area with nearby lanes, beaches and other attractions such as Corfe Castle just up the road. It is a shame his initial reception by the forum was "a little reserved" but I can understand a forum such as this being wary of spammers, scammers and profiteers. I would like to offer Kevin any assistance he needs if it will help his event become a regular occurance.

I havent really posted on this forum before and I know this isnt really about Landrovers but it does concern all RoW users, I dont know if anyone else is aware but there was a case recently where two Trail Riders were stopped by a "member of the public" their registration's taken and reported to the police for using a green lane. At the time the lane was (and still is) a legal RoW, despite this the Police visited the two Trail Riders and they were taken to court over it. Please read this thread on a Trail Riders forum for all the details, it makes for scarey reading, http://www.trailbikemag.com/forum/viewtopi...asc&start=0 then also look at these guys, http://www.gleam-uk.org/ as they seem to be the ones pushing the prosecution through despite the fact the Trail Riders had done nothing wrong.