No Alternative?

In a s.257 order determination, can an Inspector decline to divert a bridleway on to an estate motor road where no reasonable alternative off-road route has been provided in the proposed development? Probably not. See the report on decision FPS/L2820/5/2.

Inclosure Interpretation

Cast your mind back to the Dunlop case (1995, in the courts, and a good few years before that in process) and the arguments regarding the correct construction of the terminology used in the Glatton Inclosure Act and Award. Marvin Sanders, a resident of Sawtry, just up the road from Glatton, needs some assistance with … [Read more…]

Changing Perceptions

The creeping ‘conversion’ of public bridleways into¬†blacktopped high-speed cycle tracks in Newcastle upon Tyne shows no sign of being reversed. Actually, the route at issue this time is a restricted byway rather than a bridleway, and the Ordnance Survey has shown it as a RUPP, and then as an RB, from the start of rights … [Read more…]

What! No NERCA?

Inspector Michael Lowe considers an order to ‘upgrade’ a footpath route to restricted byway on the basis of pedal cycle user evidence, but he seems to overlook s.67 of NERCA with regard to a stretch of road that was previously on the list of streets. Click here for the report.

Disclaimer Disclaimed

You know how the Ordnance Survey has a ‘disclaimer’ on its maps, negating what is shown as evidence of the status of public rights of way? Well, it is not quite that simple when you dig in to the issue. Catriona Cook has written a paper on this, which is now available via this website” … [Read more…]

Who is the ‘Landowner’?

In a recent decision letter, reference¬†FPS/Z1585/4/23, Inspector Peter Millman considers a s.119 diversion order ‘in the interests of the landowner.’ The landowner is in the process of selling his house, and the ongoing benefit of the diversion would accrue to a prospective purchaser. Is such a purchaser the ‘landowner’? This decision is summarised in Inquiry … [Read more…]