Louise Braham: an Appreciation

Louise Braham, who died recently, was the inspiration for the Byways and Bridleways Trust, an original trustee, first editor of Byway and Bridleway, and founder of the Rights of Way Law Review. A barrister by profession, a farmer by choice, and an equestrian by passion, Louise and the other founders, already working for rights of … [Read more…]

Time’s Winged Chariot?

Lincolnshire County Council has recently made a modification order to add a public footpath to the definitive map and statement for Middle Rasen. Nothing unusual there, you say? Well no, not unusual, but worthy of note nonetheless. The application was made in August 1987, and a determination to make the order in September 1988. Yes, … [Read more…]

Modification Notices in Wales.

When an Inspector proposes to confirm an order with modifications, those modifications often require a further round of advertisement and the opportunity to object. The period in which such objections (or representations) can be made is set out in, e.g., a ‘Notice of Proposal to Modify Definitive Map Order’. In England, PINS in Bristol sends … [Read more…]

More Drift in Wales

It looks like Wales will soon slide even further away from England in matters of rights of way and other access law and practice. Written Statement – Improving Opportunities to Access the Outdoors for Recreation. 13 February 2017. Lesley Griffiths, Cabinet Secretary for Environment and Rural Affairs. Wales needs a better and fairer approach to public access … [Read more…]

Surveyors’ Accounts

In the first quarter of the 19th Century there were more ‘surveyors of highways’ than you could shake a stick at: the thick end of seventeen thousand of them in England and Wales. After the commencement of the Highway Act 1835 the job got a bit more rigorous, and better records were kept. One enterprising … [Read more…]

Piles of Files

Practitioners in the dark arts of public inquiries will know how much of a chore it can sometimes be getting hold of the case papers early enough in the process. The Planning Inspectorate has recently updated its ‘Checklist for Order Making Authorities‘ (regarding the papers that the OMA must send to PINS with an order … [Read more…]

The Next Wave?

Byway and Bridleway has been involved with mountain bikes, their use, and regulation, from the very early days in the UK (see B&B 1985/2/7, 1991/6/23, and 2006/3/33, among others). Looking back now it seems remarkable how public bodies ‑ and particularly the national parks ‑ regarded the MTB as yet another ‘skateboard passing fad’, and then … [Read more…]

A Bit Cheeky?

The cycling charity SUSTRANS seems to be a bit ‘Marmite‘. That’s not because Tesco threatened to take it off the shelves, but rather that a lot of people think it is the best thing since (or, indeed, on) sliced bread, and not a few don’t. Readers might be interested to see SUSTRANS’ take on public … [Read more…]

A Summary of Problems.

BBT Journey for Access 2016 (256 miles from Dartmoor to the New Forest) Summary of Problems Reported to Highway Authorities The weather this summer has been exceptionally good for the growth of vegetation. Unfortunately this has meant that many rights of way have suffered from excessive growth of grass, weeds and overhanging branches, and in … [Read more…]

Some Things Never Change …

Old Roads. (from The South Country by Edward Thomas 1909) Up here in the rain it utters the pathos of the old roads behind, wiped out as if writ in water, or worn deep and then deserted and surviving only as tunnels under the hazels. I wish they could always be as accessible as churches … [Read more…]