Big-Jer Posted April 12, 2009 Share Posted April 12, 2009 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 Quote Link to comment Share on other sites More sharing options...
DrRob Posted April 13, 2009 Share Posted April 13, 2009 What evidence is required? Can we all just email someone at WCC and say "We have driven it in the past"...? Happy to email even though never driven it. Teach the bobblies a lesson Quote Link to comment Share on other sites More sharing options...
scube Posted April 13, 2009 Share Posted April 13, 2009 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 Hi I have the proof of vehicular use paperwork for submission to the local authority. If you will supply specifics like lane name, start and stop grid reference I will fill one in and either send it you or direct to the local rights of way officer. Mark Quote Link to comment Share on other sites More sharing options...
Big-Jer Posted April 13, 2009 Author Share Posted April 13, 2009 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 Quote Link to comment Share on other sites More sharing options...
missingsid Posted April 13, 2009 Share Posted April 13, 2009 "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" Sorry am I being dumb?? It is a Footpath but you want evidence of it being driven on??? Other than the land owner who has the rights to drive it without prosecution? Reading between the lines I assume that the lane was downgraded to Footpath after 1930? So I could understand that but from 2000 to 2006 when it was presumably a Footpath? Can you provide more information as to the reason that these dates are valid as it seems like you want people to provide self incriminating evidence. Marc. Quote Link to comment Share on other sites More sharing options...
Big-Jer Posted April 13, 2009 Author Share Posted April 13, 2009 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 Quote Link to comment Share on other sites More sharing options...
sean f Posted April 14, 2009 Share Posted April 14, 2009 Rights of way is a complicated issue some of the most knowledgeable people are unfortunately the bobblies. Things have changed since the NERC bill and I am not totally up today on how these actually work but: Many historical rights where not recorded or recorded at the wrong status i.e. footpath not bridlepath or byway, it was (is?) possible to challenge the council and get a right of way officially recorded, once this was done a land owner could not legally block or obstruct the right of way. Evidence that people had been using it for a period of time freely with out challenge was required to make the claim, the opposite could also be done a land owner could ask for a right of way to be extinguished due to it serveing no purpose and not having been used for a period of time. I can't remember the period of time required but it is at least 10's of years and maybe 100's. The classic case is if a land owner freely allows people to walk down the side of a river for instance with no restrictions or fee then after long enough period people can claim it as a legal right of which prevent a future land owner closing it or charging for access. The RA have been active over the years doing this for footpaths. The same process is used for vehicle access, byways, but it becomes more difficult to prove free UNCHALLENGED use.. This is the reason some toll roads are free most of the year but on one day a year either charge a toll or close, the land owner is exerting there authority and closing free use, provided this is documented the route will not become a legal right of way. This would mean the land owner could exclude any one he didn't like or close the route entirely as he chose, there are also planning issues involved where not having a right of way would make potential future developement easier. One aspect of the NERC bill was to clear this up, unfortunately they generally did it by down grading a right of way unless clear evidence suggested other wise. Quote Link to comment Share on other sites More sharing options...
Big-Jer Posted April 15, 2009 Author Share Posted April 15, 2009 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 Quote Link to comment Share on other sites More sharing options...
missingsid Posted April 16, 2009 Share Posted April 16, 2009 Thanks for the clarification Jer. Although I was nver in a position add to the proof, sorry. I did want to ensure that everybody knew what the purpose was as we all benifit from the use of the Forum and it is not unknown for anti's to get on 4x4 forums. Marc. Quote Link to comment Share on other sites More sharing options...
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