Public rights of way

fbcpmike · #1 (**permalink**) 18-06-2006, 08:37 PM

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 · #2 (**permalink**) 18-06-2006, 09:39 PM

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

Gill Catton · #3 (**permalink**) 18-06-2006, 09:47 PM

Quote:

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 · #4 (**permalink**) 19-06-2006, 09:27 AM

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 · #5 (**permalink**) 19-06-2006, 11:25 AM

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 · #6 (**permalink**) 19-06-2006, 12:19 PM

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 · #7 (**permalink**) 19-06-2006, 02:06 PM

Quote:

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 · #8 (**permalink**) 19-06-2006, 03:06 PM

Quote:

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 · #9 (**permalink**) 19-06-2006, 04:40 PM

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?