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 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 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 , 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 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".

5 Historical Documents

16 The following historical documents are attached as Appendix 5 to this report:-

a) Rural District Council Local Government Act Schedule 1929

In 1929 the now defunct Billesdon Rural District Council prepared a schedule of the routes maintained by that authority and passed it onto Leicestershire County Council, so that it could take over responsibility for the future maintenance of such highways. In this schedule the route concerned is listed under the title "Unscheduled Roads 1929-1930" as number 36. It is described as "Skeffington (A47) - Loddington Reddish, Mileage 1.5, Surface Macadam/Grass". (Loddington Reddish is the name of the wood located to the south east of Wood Lane).

On the accompanying map the route is labelled '36' and is coloured solid green to indicate that it is an unclassified county road. From Skeffington Farm (now part of Lodge Farm) to the ford marked on the map, there are also green dashes shown running alongside the solid green line. There is no explanation for these green dashes in the documents accompanying this schedule.

b) Skeffington Parish Council Survey, Statement and Map 1951 - National Parks and Access to the Countryside Act 1949

On the Parish Council's survey statement the route is numbered 4 and 5 and is described as a footpath and bridleway and is described as - "Skeffington to Loddington boundary. Path not clearly defined since stiles could not be used until B.R reached, which is in good condition".

On the accompanying map, the route is shown by a purple line to a point directly north of Hoothill Wood, indicating footpath status and then continuing as a green line across the ford and down to Wood Lane, indicating bridleway status. The western most end of the route, which turns south to join Uppingham Road, is not shown as a right of way.

c) Loddington Parish Council Survey, Statement and Map 1952 - National Parks and Access to the Countryside Act 1949

On the Loddington Parish Council's survey statement of 1952, the route is numbered 4 and described as a bridle road. The statement goes on to say "Off Tugby - Tilton Road and joins B.R 5 in Skeffington, only footrd shown in Skeffington though" (approximate translation). On the map accompanying the statement the route is shown by a broken green line indicating the status as a road used as a public path.

6 Consultations

17 The following have been consulted on this proposal:-

a) Local Councils

Loddington and Launde Parish Meeting, Skeffington Parish Meeting, and Council.

b) Landowners

Mrs H R and Mr W G Ginns, White Lodge, Main Street, Skeffington, Leicestershire, LE7 9YB. Mr Ginns has stated that he personally has driven the route with horses and carriage regularly between 1972 and 1995, but now finds the A47 too dangerous to cross.

Mr S J Manby, Director, Parkers of Leicester Limited, 254 Braunstone Lane, Leicester, LE3 3AS.

Mr T Newborn, Holmleigh House, 14 East Avenue, Whetstone, Leicestershire, LE8 6JG.

The Manager, Electricity PLC, PO Box 444, Woodyard Lane, Wollerton, Nottingham, NG8 1EZ.

Troy Newborn Homes Limited, Holmleigh House, 14 East Avenue, Whetstone, Leicestershire, LE8 6JG.

Mr Higgs, Park Farm, Skeffington, Leicestershire.

The Owner or Occupier, Lodge Farm, Uppingham Road, Skeffington, Leicestershire, LE7 9YE.

W J Wright & Son, Oxey Farm, Tilton-on-the-Hill, Leicestershire, LE7 9DP.

The Owner or Occupier, 1 Lodge Farm Cottages, Uppingham Road, Skeffington, Leicestershire, LE7 9YE.

The Owner or Occupier, 2 Lodge Farm Cottages, Uppingham Road, Skeffington, Leicestershire, LE7 9YE.

Mr & Mrs D Carey, Welsh Myers Farm, Uppingham Road, Skeffington, Leicestershire, LE7 9YE.

c) User Organisations’ comments

The Rambler’s Association

The Association has stated that it would not wish to object to the creation of a restricted byway over the route, which it feels is appropriate in the light of historical evidence and current legislation.

7 The Leicestershire Footpath Association

This Association has stated that members have never used the section marked A to B but have always walked from Skeffington and across the A47, Uppingham Road, just to the north of the point marked A. From B right through to D is a good farm track. The whole route has been walked but not regularly because once reaching Wood Lane a section of road walking then becomes necessary. A committee member recalls some years ago, encountering a car on the section from D to the Eye Brook but this car had to turn back because of muddy conditions. On other times farm tractors and trailers have been seen using the route from A to D. Finally, this Association has stated that it would not object to the proposal to add the route indicated as a Restricted Byway.

The Leicestershire and Rutland Bridleways Association

This Association stated that it is in full support of this proposal and has always understood this to be a route of higher status than footpath and it has always been used as a riding and driving route.

d) The following user organisations have been consulted and have made no objection:-

English Heritage, Natural England, Sustrans, Loughborough and District CHA Rambling Club, Byways and Bridleways Trust, The British Horse Society, The Leicestershire and Rutland Land Rover Club, Cyclist’s Touring Club, Endurance GB, The British Driving Society, East Midlands Trail Riders Fellowship.

e) Statutory Undertakers

No objections have been received from any of the statutory undertakers.

Objections

18 Two letters of objection were received to the proposal and are as listed below:-

a) Letter from Parker Farms Limited

This farming business owns land between point A to a point on the Eye Brook (past point C) on the plan attached to this report.

The Company's letter of objection is included in Appendix 6 to this report.

The objection acknowledges that the proposal is now only to upgrade the legal status of the route to a restricted byway but the Company feels that this would still be unacceptable.

8 The main reasons for the Company's concerns are the possible use of the route by horse driven carriages or other vehicles, damage to the route and the wet ground conditions to the Eye Brook.

Comment

Although upgrading the route to a Restricted Byway would permit use by carriages it does not, of course, include motor vehicles or motor bikes. Had the provisions of NERC not been in force then the County Council would, based on the historic evidence, have had to consider upgrading the route to a byway open to all traffic (BOTAT), which does permit use by motor vehicles and motor bikes a legal right to use it.

Any damage to the route caused by carriages use would be a matter for the County Council to consider under its maintenance responsibilities.

b) Letter from Loddington and Launde Parish Meeting

The Parish Meeting is also concerned that upgrading the route will give 4 x 4 vehicles use of the route. A copy of the Parish Meeting's letter is included in Appendix 6 to this report.

Conclusions

19 The evidence strongly supports the claim that the current designation of C105 is wrong and that there is cogent evidence that the existing designation should be changed. Map and archive evidence shows that it could be recognised at least on the balance of probabilities as a Byway Open To All Traffic. However, as the original application was not made before 20 th January 2005, the only possible reclassification is as a Restricted Byway.

Appendices

1. Plan No. M689/P/1 2. Summary of user evidence forms 3. Ordinance Survey maps 4. Antique maps 5. Historical documents 6. Letters of objection

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