Viewing 20 posts - 1 through 20 (of 20 total)
  • Bingley Bash in danger of losing a Bridleway. your help required!
  • Mugboo
    Full Member

    There are plans afoot to downgrade a BW on the ever popular Bingley Bash.

    Bradford Council/Rights of way team don’t want it to happen. Bikers and Horse riders don’t want it to happen but its going to happen all the same.

    The landowner is downgrading it on historical data or lack of, so we need to prove otherwise. But while we are trying to sort this out a mass emailing of your local MP can do no harm 👿
    Surely there are two kinds of history, ancient history and recent history.

    The Bingley Bash has been ridden since mountain bikes were invented by people far and wide…

    More info here

    http://singletraction.frankencrank.com/phpBB3/viewtopic.php?f=15&t=3599

    Find your MP

    http://findyourmp.parliament.uk/

    Cheers Jason

    Dave
    Free Member

    I would point out that, as this is an order to change the status of
    the route recorded on the Definitive Map based on historic evidence,
    the only matters which can be taken into account are those which
    relate to the evidence for or against the status of the route at the
    date the first Definitive Map for the area was produced – i.e.
    September 1952. This would include any evidence which demonstrates
    that bridleway rights had been dedicated or established by users
    before that date.

    That’s going to be the tricky bit, unless the bridleways and byways trust can come up with something.

    wwaswas
    Full Member

    sometimes, the law is an ass.

    TandemJeremy
    Free Member

    would the rough stuff fellowship folk have any record of using it befoer then? Local history / museums?

    Dave
    Free Member
    oldgit
    Free Member

    Don’t know how to help myself, but recent experience has shown me that there are plenty of people and bodies out there that will do their best to help.

    squiff
    Free Member

    Wots going on here?

    I do the Bingley bash all the time.But looking at the maps and if you do the exstended version of the Bingley bash (the one the Singletrack boys did a while back) it should’nt effect the route, think am right 🙄

    simonfbarnes
    Free Member

    we were turned off the footpath from Cullingworth Fields to Haworth road – I wonder if it was the same people ? I was trying to avoid having to ride along that busy road to the West Manywell BW.

    pennine
    Free Member

    The BWs in question are not really part of the Bingley Bash (as such) but do get used by horse & bike riders. The BW1 passes Field Head & Cullingworth Fields farms. One of the farmers is ok with bikes and horses crossing his land. BW2 drops from the layby on the main road above Cross Roads down to the house the BB goes through (often a muddy field for indentification).
    As Dave mentions above there is a ‘difficulty’ after 1952

    simonfbarnes
    Free Member

    That ‘was’ a FP Simon

    yes I know, but on the ground it’s actually a wide roadway and it would have avoided the usual speeding cars on Haworth Road!

    telegraphandargus
    Free Member

    Hi,

    I have a written an article about this for the Telegraph and Argus. I think the link is pasted in to one of the posts. If not, here it is again:

    http://www.thetelegraphandargus.co.uk/news/9142866.Horse_riders_fight_to_save_Cullingworth_bridleway/

    I would like to get in touch with any cyclists who are affected by the potential closure and who would be happy to speak about it for the paper.

    I would be interested to know if anyone is organising a campaign about it.

    A public inquiry will be held if there is enough objection to the plan so it’s important to raise awareness now.

    My email address is: kathryn.bradley@telegraphandargus.co.uk or I can be contacted on 01535 606611.

    Kathryn

    Mugboo
    Full Member

    I tried phoning St Ives Equestrian centre and leaving a message following your article.

    It seems like horse riders and mountain bikers need to unite over this. Who is coordinating the horse riders protest?

    schnor
    Free Member

    Inspectors reports always give me brain drain, even more so on a friday evening.

    It looks like the inspector had a problem with the parish designation of “Cart Road Footpath” and the lack of user evidence, which TBH, is to be expected seeing as in the 60 years since then, most users would have died or moved away.

    I think I remember a similar case somehow being based instead not on proving use before the relevant date, but on the applicant having to prove the contrary since (i.e. the landowner had to show he stopped X users a year for Y years), which seemed a more sensible approach.

    Shout if you’d like me to find it, and good luck.

    Mugboo
    Full Member

    Schnoor, if you can find that would be lovely 🙂

    Mugboo
    Full Member

    Hi,

    Hope its ok to email you directly, if I replied to the bingley bash
    thread itself you may not notice it. As I understand them, the
    following are relevant to your case (even though it’s a downgrade as
    opposed to the creation of a new RoW) as it still regards length of
    use and user evidence.

    They are both summarised here: –

    http://www.prowl-iom.org/lawlords.html

    ‘Godmanchester’ info is: –
    Info – http://www.propertyweek.com/professional/case-news/3091347.article
    Ruling – http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070620/godman-1.htm

    But the most useful case would be ‘Dorset’. This in a nutshell
    overturns having to prove 20 years use, but instead for “sufficient
    evidence that there was no intention during that period to dedicate
    such way.” under common law instead. AFAIK there has been no change to
    this, but can’t find any new cases which use it as a defence (high
    court cases only happen once every 5 years or so, and most only get to
    magistrates court / public enquiries).

    Info – http://www.ramblers75.org.uk/pdf/Dorset-Case-Victory.pdf
    Ruling – http://www.bailii.org/ew/cases/EWCA/Civ/2009/1406.html

    Hope this info is useful,

    schnor

    mrelectric
    Full Member

    The CTC is continuing to pursue this, but I am new to this particular case and was not aware of the August date. Does anyone have an update please?

    David

    Mugboo
    Full Member

    I have passed on all the information to the RoW team and the T&A but have no idea how it’s working out 🙁

    Mugboo
    Full Member

    It sounds like the local Counciller Mike Ellis has now got involved. There were 56 official complaints (which is a local record for this kind of issue). It is now going to a public enquiry.

    If you haven’t already made a complaint then please do while they are on the back foot.

    http://www.bradford.gov.uk/asp/councillors/details.asp?id=306

    schnor
    Free Member

    “A public inquiry is to be held over plans to downgrade a well-used bridleway to a footpath after more than 50 objections were made.”

    http://www.thetelegraphandargus.co.uk/news/9221677.Plan_to_ban_horses_and_cycles_from_bridleway_goes_to_inquiry/

    p.s. feel the love 😛

    MontyLeMar says…
    11:41am Tue 30 Aug 11
    I’m all for kicking the bikers off, a more ignorant and selfish bunch of individuals I have yet to meet”

Viewing 20 posts - 1 through 20 (of 20 total)

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