Public rights of way

[fbcpmike]

Hi all,

Do we have anybody here that can advise on Public Rights of Way please?.

My problem is that our park is likely to have a part of it lost to development from a bordering property, that part includes a public right of way. Whilst we are not against development of the bordering property we are against them grabbing land from us along with the right of way to make their land bigger and get more money for it. The issue is a little more complicated than outlined but we think we have a case with the Public Rights of Way aspect. Many thanks.

[Jonny]

Can't help I'm afraid, but good luck in your fight..............Jon

[Gill Catton]

Originally Posted by fbcpmike

Hi all,

Do we have anybody here that can advise on Public Rights of Way please?.

My problem is that our park is likely to have a part of it lost to development from a bordering property, that part includes a public right of way. Whilst we are not against development of the bordering property we are against them grabbing land from us along with the right of way to make their land bigger and get more money for it. The issue is a little more complicated than outlined but we think we have a case with the Public Rights of Way aspect. Many thanks.

Unfortunately public rights of way can be diverted as a part of developments.... Push for as much compensation and mitigation as possible I say - more rights of way.... money to wildlife trusts etc.....

[Tinkerbell]

Whilst out walking on Friday, we came across a 'Right of Way' which we have used before, but on two gates leading into the field there was a Beware Bull in Field notice posted.

I declined to enter, but we did see someone else later coming up from the churchside ROW walk which continues into said field, so folk do use it.

What are the rules, if any, regarding potentially dangerous bulls in such fields? Sorry, can't answer your question fbcp but hope you don't loose the ROW.

[canonman]

Hi
Public right of way is a real nightmare.
From what I understand, if a Development removes a right of way, it is expected to reroute it for the public.
Regarding the Bull in the field. so long as there is a notice warning you of this fact, don't think there is much you can do about it.
Mick

[Oy]

In my job I work closely with our local Council's Public Rights of Way people on a daily basis.

Bulls in fields where there is a Public Footpath - Not on! Contact your local Public Rights of Way people and report it!

The footpath through the park - are you SURE this is a definitive Public Right of Way? Again - your best bet is to contact your local Public Rights of Way people for details and advice. If it's a new housing development then sadly - I think you're going to get it diverted!

[fbcpmike]

Originally Posted by Oy

The footpath through the park - are you SURE this is a definitive Public Right of Way? Again - your best bet is to contact your local Public Rights of Way people for details and advice. If it's a new housing development then sadly - I think you're going to get it diverted!

Thanks Oy.

There is no way of diverting it as it's surrounded by property, it will be closed.
I've contacted both the local and national groups for advice, nothing yet.
The path has been in use for at least the 20 years existance of the park, but I've an aerial photo from 1936 showing the path was there.
The lane it joins is some 500 years old.

[Gill Catton]

Originally Posted by fbcpmike

Thanks Oy.

There is no way of diverting it as it's surrounded by property, it will be closed.
I've contacted both the local and national groups for advice, nothing yet.
The path has been in use for at least the 20 years existance of the park, but I've an aerial photo from 1936 showing the path was there.
The lane it joins is some 500 years old.

Then I think they'll probably keep it running through the development. I'd be very suprised if it was lost totally. That certainly hasn't been the case in all the developments I've known of.
Kick up a stink, contact the local authority find out if it's being taken into consideration - I'm sure it must be - though it could be a while off yet before these decisions are to be made if it's only just being sold.

[Oy]

A lot depends on it's current status. If it is currently shown on your Local Authority's deifinitive map as a Public Right of Way then yes, it will almost certainly be retained in some way. If it's at the stage where you wish to claim it as a PROW due to historical use then it's not that straight forward. Have you asked your LA's PROW people?

[Oy]

I've just had a look - and if I'm in the right area then this could be of some help to you...

http://www.hants.gov.uk/maps/paths/

[Weeksy]

With reference to bulls:

Section 59 of the Wildlife & Countryside Act 1981 bans the keeping of bulls in fields crossed by a right of way, except if they are:

* under the age of 10 months; or
* not of a recognised dairy breed, provided that they are accompanied by cows or heifers.

I have kept non dairy bulls in fields when they are accompanied by cows or calves and have not had problems. They are often less trouble than cows with calves especially with dog walkers.

Steve

[Forestknights]

I have never had any conflict with bulls kept in the fields I walk in.

The landowner is still required to ensure that the public on his land is not in danger. If a dangerous animal is left in a field and your legally entitled to be there the farmer would be crimnally negilent.

Most beware of the Bull signs are put up to deter walks as the landowner doesn't like walkers. Report it to the local council ROW dept and take a photo.

That said every year people are killed by cows.

[Oy]

Originally Posted by Forestknights

Most beware of the Bull signs are put up to deter walks as the landowner doesn't like walkers. Report it to the local council ROW dept and take a photo.

True:

We recently took down such a sign on field owned by a farmer who doesn't have a bull!

If there is a bull - and it needs a sign - the bull shouldn't be there!

[fbcpmike]

Originally Posted by Oy

I've just had a look - and if I'm in the right area then this could be of some help to you...http://www.hants.gov.uk/maps/paths/

I've just got back to this thread after the chaos days running up to our Fun Day.
Thanks for pointing our the maps, I did not know they were there. They only appear to work from post codes, OS or landranger would have been closer. The postcode closest is GU11 3HE #38, get the map and pan it down 1 (South), Brickfields Park is shown. There is a purple ROW marked across the top. Just under this is a Z shaped building on it's back (a bit like the old german ss insignia). This is the property in question, the path to be closed is the left hand black line from the top left corner of the property to the top left corner of the park (in light green).

It's not coloured as per the key, so I think we are up a gum tree.