Development Control and Regulatory Board
Total Page：16
File Type：pdf, Size：1020Kb
B DEVELOPMENT CONTROL AND REGULATORY BOARD 18 NOVEMBER 2010 PROPOSED DELETION OF FOOTPATH/BRIDLEWAY C66 (PARTS) AND ADDITION OF RESTRICTED BYWAY C105 AT SKEFFINGTON REPORT OF THE CHIEF EXECUTIVE PART A Purpose of Report 1. The purpose of this report is to seek the Board's approval of this proposal for the deletion of parts of footpath/bridleway and addition of a Restricted Byway to the Definitive Map of Public Rights of Way. Recommendation 2. It is recommended that an Order be made to delete parts of footpath/bridleway C66 and add a restricted byway C105 at Skeffington, as shown on the Plan No. M689/P/1 attached as Appendix 1 to this report. Reason for Recommendation 3. The evidence shows that the route C105 meets the criteria in Section 53 of the Wildlife and Countryside Act 1981 for a Restricted Byway. Equal Opportunities Implications 4. None discernable. Background Papers 5. Chief Executive's File COMHS/405 Circulation under the Local Issues Alert Procedure 6. Mr S J Galton CC Officer to Contact 7. John Prendergrast, Chief Executive's Department, Tel 0116 305 6014, email [email protected]. 1 PART B Background 8. An application was received from The Leicestershire and Rutland Land Rover Club for the addition of a byway. However, the Natural Environment and Rural Communities Act 2006 brought in new legislation, the effect of which was that any unrecorded rights for mechanically propelled vehicles on any unrecorded routes such as this would be extinguished. Therefore, the highest status this route can be recorded on the Definitive Map is that of a Restricted Byway. A Restricted Byway, as it implies, is limited to use on foot, horse, cycle and in a horse carriage. 9. This proposal is being processed under Section 53 of The Wildlife and Countryside Act 1981. Legal Considerations 10. Upgrading the route from part footpath and part bridleway to a Byway Open To All Traffic (BOTAT) requires members to be satisfied that there is cogent evidence that the existing status is wrong, and evidence that shows on the balance of probabilities that it should be recognised as a BOTAT. Previously recognition as a BOTAT would have given additional rights for access by motor vehicles. However, even if such evidence of BOTAT status existed, under the provisions of the Natural Environment and Rural Communities Act 2006 no new BOTATs can be added to the Definitive Map unless an application was made by 20 th January 2005. This application post dates that date and therefore under the Act the highest status the way can now have is a Restricted Byway. (There are some limited exceptions to the cut off date but it is not suggested that any apply to this application.) There are some limited exceptions to the cut off date but none have been suggested to apply to this application. User Evidence 11 Leicestershire and Rutland Land Rover Club Survey Sheet Listed under UCR's (Unclassified County Road) and dated October 1996, the entry reads:- "Fairly Clearfield Road, best to start at Tugby end, follow right hand side of field on old road remains (not the obvious track in the middle) into the next field keep to the left edge, cross the stream and go left up the track past farm. AVOID DURING PROLONGED WET PERIODS". 2 12 Leicestershire and Rutland Land Rover Club Green Lane Surveys Two green lane surveys have been submitted both signed and countersigned and details are given relating to frequency and type of use. One form states that two vehicles were used on that occasion and that the route was used by the club a few times per year, also that it was used by farm traffic. The second form states that three vehicles were used on that occasion and that the route was used by the club a few times per year, also that it was used by horses and pedestrians. 13 User Evidence Forms Six user evidence forms have been submitted claiming use from 1990 onwards. It can be seen from the forms that none of the users of the route reported verbal deterrence, deterrent signs, obstructions or other structures on the route. Also none of the users say they received permission to use the route. None of the users state they have used it for a period of 20 years or more. One states 15 years' use and the others state periods of use between 2 and 4 years. The width of the route is described as ranging between 2½ yards and 3 meters. A summary of the user evidence forms has been compiled by the County Council and is attached as Appendix 2 to this report. (Copies of the evidence forms have been placed in Members Group Rooms at County Hall) Ordnance Survey Maps 14 Copies of the following maps are attached as Appendix 3 to this report:- a) Ordnance Survey Surveyors Drawings of 1815 The majority of the route in question is shown on this map as a double pecked line. However, the details differ from the route claimed where the route enters Loddington Parish at its eastern end. Rather than turning south east to follow the stream to Wood Lane, it shows the route heading more directly east across the fields. A single pecked line is shown to cross the route at right angles west of Noble Wood (later called Hoothill Wood), which roughly accords with present day public bridleway C92. 3 b) Ordnance Survey 1" to 1 mile Scale First Edition Map 1835 This map shows the route in the same manner as the surveyors drawing, including the portrayal of it going across the fields to Wood Lane rather than by the side of the stream. It also shows a dotted line crossing the road in the vicinity of present day public bridleway C92. c) Ordnance Survey 6" to 1 mile Scale First Edition Map 1891 This map shows the route clearly. At its eastern end the route is now clearly shown heading south east running roughly parallel with the stream towards Wood Lane, rather than eastwards across the fields. Of note are the labels "G.P." at the routes junction with the Uppingham Road in the west and Wood Lane in the east. G.P indicates the location of a guide post. Guide posts are usually only identified on Ordnance Survey Maps at junctions between two or more public highways. This map shows the route of present day public bridleway C92 but incongruously it is labelled F.P. for footpath. d) Ordnance Survey Map 6" to 1 mile Scale Second Edition Map 1904 This map shows the route in the same manner as the first edition, complete with guide posts marked at each end. However, in addition the eastern half of the route is labelled "B.R." for bridleway. The route of intersecting public bridleway C92 is now labelled B.R. e) Ordnance Survey 1: 10,000 Scale Map 1987 (Surveyed 1959 - 1960) Over half of the route in question is shown as an enclosed lane, the remainder being shown enclosed on one side or open on both sides. No guide post or bridle road labels appear alongside the route on this map. Antique Maps 15 Copies of the following maps are attached as Appendix 4 to this report:- a) Kings Map of the Counties of Leicester, Lincoln, and Nottingham and Rutland 1806 On this map the route is shown following roughly the same route as that portrayed on the O.S. surveyors drawing of 1815 and the O.S. 1" to 1 mile first edition of 1835. It is shown by two parallel dashed lines as a public carriage road. This map also shows a bridle road crossing the route, on a line that approximates the modern line of public bridleway C92. It also shows another bridle 4 road joining the route from the north east near the point where Lodge Farm is presently located. There is presently a track at this location, but it is not recorded as a bridleway on the Definitive Map. b) Greenwoods Map of the County of Leicester 1825 (Published 1830) On this map the route is shown predominantly in the same manner as the early O.S. maps, but at the western end there is a slight difference. It does not show the sharp angled bend of the route where it joins the Uppingham Road, but follows the straight line route of present day public footpath C66. The route is clearly depicted as a bridle road. c) Walkers Maps of Leicestershire 1836 The route in question is shown following the same route as the early O.S. maps and Kings map, with two parallel pecked lines indicating a cross road or bye road. d) London Virtue and Co's Map of Leicestershire – 1870 The route concerned follows the same route as previous maps and portrayed by solid parallel lines at the eastern end and broken parallel lines for the remainder. This would indicate a cross or bye road. e) Bartholomew's Half Inch Cycling Road Map - Circa 1920 On this map the route appears to be shown as an inferior route (not recommended for cyclists). f) Bartholomew's Half Inch Road Map of England and Wales - Circa 1920 Once more, this map identifies the route as an inferior route. g) Enclosure Award for Skeffington - Dated 4th January 1773 The award refers to "a public horse cart carriage drift and foot highway from the said turnpike road toward Loddington and a private horse cart carriage drift and footway or road from out of the said public horse cart carriageway and the foot highway hereinbefore set out and appointed leading towards Loddington aforesaid at the distance of 50 yards from the brook or watercourse which runs between the said lordships of Skeffington and Loddington".