The Open Spaces Society
FOOTPATHS
Britain's oldest national conservation body, has issued guidance on how to reduce unnecessary and undesirable structures, such as gates and stiles, on public rights of way - footpaths.
Society spokesman Chris Beney says: "For many people who are walking for pleasure, stiles and gates across public footpaths are a barrier. If you are arthritic, you may find it impossible to climb a stile, or to open a stiff gate. Many of these structures are unnecessary and should be removed."
"The Open Spaces Society has published an information sheet, Removing and Improving Path-paraphernalia, setting out clearly how to go about identifying the structures, establishing their status and, where appropriate, getting them removed or altered."
"Some of these structures are lawful, but many are unlawful, having been erected without the consent of the highway authority."
"DEFRA is committed to the rule of using the least-restrictive option on paths, but this is not often followed in practice."
"The society is urging anyone who enjoys walking in the countryside to report to the highway authority those which they find inconvenient."
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DORSET |
THE PROBLEM
A number of queries have been raised recently with Dorset CPRE local groups concerning applications which have been made to the County Council to upgrade RUPP's to BOAT's. These applications need careful monitoring.
WHAT ARE RUPPS AND BOATS?
All "Roads Used mainly as Public Paths (RUPP) " such as the one above, are to be reclassified on a date yet to be set by Government when they will be known as a Restricted Byway (RB)
This will be effected under the Countryside and Rights of Way Act 2000 (known as the Crow Act).
In the meantime, prior to May 2005, under the Wildlife and Countryside Act, applications could be made for a RUPP to be classified as a Byway Open to All Traffic (BOAT)
WHY SHOULD THIS CAUSE CONCERN?
If applications, which are currently in the pipeline, are approved, BOATs will be open to vehicular traffic, which could cause environmental and safety problems as trail bikes and 4x4 vehicles would be able to access them.
SURELY THE COUNCIL WILL REJECT SUCH APPLICATIONS
Unfortunately the County Council has a duty under the Act to investigate applications for reclassification which will be decided purely on evidence as to whether or not the routes are old public roads and whether they have ever carried vehicular rights in the past, consequently when deciding whether or not a route should be recorded as a BOAT, problems such as those outlined above cannot be considered.
PROBLEMS ARISING AFTER RECLASSIFICATION
Should an RB be reclassified as a BOAT, redress might still be possible, in that problems arising from trail bikes etc could, in suitable cases, be resolved by imposing a "Road Traffic Regulation Order" on them,restricting motorised public access, but this is a lengthy and costly process and can raise issues of future enforcement.
THE CURRENT SITUATION
We are already aware of some RUPP's that have been adversely affected by vehicles illegally using the paths, rutting the surface making their use by pedestrians and horses treacherous and an objection to any application for regrading may need to be lodged urgently.
This whole subject is far from straight forward and advice should be sought if there is any concern
Queries can be addressed to
Jim Torond the Branch Pathways Adviser, on 01935 814060
CPRE
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