Yeohead & Castleton Parish Council
Keeping you informed ...
-> Leigh Meeting 13 Jan
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Yeohead & Castleton Parish Council Keeping you informed ...
-> Leigh Meeting 13 Jan |
|
NB - these are meeting notes taken verbatim at the time and Jill has asked that you understand this point and apologise for any errors, especially the spelling of names etc. SPEAKERS:
Vanessa Perry Explained the current situation of applications for reclassifying to BOATS in Dorset. 2004: 21 claims in all for modifications to Definitive map – 10 of them to BOATS 2005: 59 claims 47 to BOATS ( In Somerset there have been 200 applications in 2005) NB. This appertains to Dorset but I presume the same legislation applies to Somerset. There is a duty for the dept. to consider them within 1 year or the applicant has the right of appeal to the Secretary of State. When the dept. investigates an application they consult with the relevant parish councils, landowners and others affected who are invited to give notice within 28 days of an intention to submit evidence against the claim. They research in the local record office and national archives at Kew and report to the Council’s Rights of Way committee which consists of county councillors trained in Rights of Way issues. They may decide to make a site visit or hold a public meeting. The documents placed before the committee are always available to the public. If the claim is passed and order is made; if it is refused, the applicant can appeal to the Secretary of State. This can take 4 – 5 years. Traffic Regulation Orders. TROs. These can be permanent, restricted to certain times of day or apply to certain types of use. If reclassification of a right of way causes a problem, this is referred to the maintenance and enforcement dept. of the Rights of way dept. TROs are managed by the Traffic Management Dept. The cost of applying for a TRO (£1500) is due to the advertising that needs to be done and, of course, does not guarantee the outcome. If it is ordered difficulty arises in policing it. It is, apparently, permissible to put gates at each end and to lock them. Oliver Letwin Described the current parliamentary status of the Natural Environment and Rural Communities Bill which would reclassify RUPPs as restricted byways. It has been agreed in the Commons to pass an amendment to allow the bill to be retrospective; i.e. to backdate it to the time when the bill was introduced to Parliament thus invalidating the last year’s worth of applications to reclassify as BOATs. It may even be possible to go even further to include the last 2 years of applications. This bill is now in the Lords and, though some peers are supportive of the Trailriders and 4x4 users, Mr. Letwin was reasonably optimistic. He did urge us to lobby the House of Lords and suggested writing to Dorset members of the Lords: Lord Bach, Lord Neill, the Bishop of Salisbury, the Earl of Sandwich, Lord Best and Lord Eden to urge them to vote for this amendment. If this bill is passed outstanding applications will be covered by the retrospective law. It was also suggested that if the bill fails, he might suggest to the secretary of state that a TRO should be placed on all BOATs unless it was shown that it was reasonable to keep it. Jonathan Chele Explained that the proposed legislation is aimed at closing a loophole. A lot of applications were due to over zealous and inaccurate interpretations of old maps. When faced with submitting a case against a claim: Landowners should examine their deeds ( or tenancy agreements) to prove titles to tracks. Ask for the evidence supplied in support of the claim to the council. Search County and Public Records. He said, though it was disputed from the floor, that you are allowed to lobby the committee members sitting to decide the claim. Go to the public inquiry. It is a myth that all RUPPS hold vehicle rights or that all unclassified roads hold vehicle rights. If there are gaps in a track (eg.WN 17/4) it cannot be assumed that they can be joined up. If a bridle way or footpath is being used unlawfully, if possible, get evidence: number plate, time, date and submit to police. The landowner has the right to put poles across the path which are negotiable on horseback but not to vehicles. There was a lot of discussion from the floor mainly pertaining to specific paths. I hope that we may be able to get more details of some of the very well-informed audience from the Leigh parish council. |
Please contact us at:-Mike Fraser, The Parish Clerk, Church Farm Cottage, Oborne, Dorset, DT9 4JY Tel: 01935 816537 Email: michael.fraser1@btinternet.com
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