[Closed] Bingley Bash in danger of losing a Bridleway. your help required!

[i]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.
[/i]

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

sometimes, the law is an ass.

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

Inspectors report here: http://www.gos.gov.uk/nestore/docs/transport/rightsofway/902851/cullingworth_insp_rpt

Interesting reading.

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.

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

Unite with the Horsey peeps

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 🙄

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.

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

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!

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

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?

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.

Schnoor, if you can find that would be lovely 🙂

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

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

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

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

"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”