Best way to object to a byway being closed?

thistle_

Does anyone know how to object to a definitive map modification order changing a byway into a footpath? (i.e. stopping people cycling/riding along it)

I went out for a ride today and thought I'd try and follow this byway up a hill to avoid a long road climb. About 18 months ago I had tried to ride down it but there were fences across it, no stiles/gates and a load of sweetcorn growing there. I gave up and reported it to the council as being blocked and asking if they could look into it.

Today I found the other end and followed it up the hill and it was a great little route until about 3/4 of the way up I came to a fence and there were notices on the trees saying an order had been made to change the whole of the byway into a public footpath and anyone who wanted to object has to do so by the end of January.

The local council have said that to make an objection, I need to put it in writing and send in any evidence that I have. Anyone know what kind of evidence they want? Maps/photos of people driving/riding on it?

xand_xand

I would suggest all of the above, photos of land, photos of useage, letters, emails, get your local councillor in on it too. Petitions.
Get down there and speak to everyone who uses the area... Get them to join your campaign.

However be aware:
My local TRF spent a fortune on employing a barrister and documenting/ claiming lanes in A county, like they was told to, only for the local authorities to do what they f*cking like and downgrade most of them anyway! Good luck you will need it!

kja

Ideally what you need is evidence that it has historically been used by more than just walkers. It's a nightmare. You could try going to your County records office and looking at old maps, deeds, bylaws and so on that relate to the byway in question. You might strike lucky and discover that it was once a toll route for horse and carts for example, but I wouldn't hold my breath! You can try and find evidence of it being used recently. If there are houses nearby you could try talking to the occupants and seeing if they'd make a statement. The landowner may be the person who's pushing for it to become a footpath, but it might be worth a conversation with them.

Is it a Byway Open to All Traffic or a Restricted Byway? If it's an RB, which I think likely, then it will only have been classified within the last few years and would probably have been a Road Used as a Public Path. In which case there may be clear evidence of it being used, or having been intended for use by vehicles. If it's a BOAT, it seems very odd to me that they want to reclassify it at all.

It might be worth trying to convince the council to classify it as a Bridleway which would give equestrians and cyclists a Right of Way but not motorised vehicles. If it was a RUPP then the local Rights of Way officer may know a little bit of the history about it, but who knows what their view on its reclassification would be. I think the RoW department of your local council should perhaps be you first port of call, and ask specific questions about whether they know about its historical useage. Then pop into the County Records Office which in my experience are usually staffed by very helpful and knowledgeable (if somewhat nerdy) people.

Scottsparkrider

Write to your local newspaper, a bit of publicity may help to put some political pressure on the local authority. If the journalists are not interested as a story then ask if you can submit a letter for their letters' page.

thistle_

KJA wrote:

You could try going to your County records office and looking at old maps, deeds, bylaws and so on that relate to the byway in question.

I've tried that but not come up with anything conclusive.

KJA wrote:

Then pop into the County Records Office which in my experience are usually staffed by very helpful and knowledgeable (if somewhat nerdy) people.

I agree with that totally

KJA wrote:

Is it a Byway Open to All Traffic or a Restricted Byway?

It's a BOAT. I think it is physically impossible to get a 4x4 down there as it has become too narrow (collapsed down the side of a hill). However I don't think making it a footpath is the answer, as other people seem to use it.

KJA wrote:

the local Rights of Way officer may know a little bit of the history about it, but who knows what their view on its reclassification would be.

I think there is some history to it (from before I moved to the area). I have a feeling the Council may be the ones who applied for the order in this case :?

Thanks for the info everyone.