msg	Sender	lines	Subject
1	Tilbo@aol.com	18	UCRs
2	Chris Marsden [Byway@com	60	Undeniably UCR.
3	Chris Marsden [Byway@com	113	Opposition to D/G UCRs
	Majordomo		About the digest

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From: Tilbo@aol.com
Date: Wed, 26 Mar 1997 07:51:49 -0500 (EST)
Subject: UCRs

Hi Gang

Dorset write:

The parts of Hill Lane and Watery Lane that lie in Dorset are Unclassified
County Roads and "There is thus no need for the applicant to serve notice on
us in respect of them".

Thus spake that fair county when Hampshire looked at up grading certain
routes in this County.

DT

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Date: Wed, 26 Mar 1997 19:53:09 -0500
From: Chris Marsden <Byway@compuserve.com>
Subject: Undeniably UCR.

Following my post Green Lane Day posting of an irate landowner threatening
some of our group with fines of £250 and taking photographs of the damage
we caused(sic) and denying any UCR or other RoW existed, I was pleased to
get this prompt response to the call of duty by Bob Kinghorn at Powys
Highways:-

POWYS
                Enquiries Ymho~iadau (01 597) 826000 Fscsimiie FfacsimiIe
(01 597 826230
        County Council  Technical Services Department
                Highways & Property Directorate
This maler is being oeah wtfh by        R Kinghorn      Our Ref: CLOl
Delir a~r maler hwn gan:                ~in Cyf:
Direcf Line :   01597 82 6646   Your Ref: -
Line) iniongyrcho) :            E~h Cyf

24th March 1997

The Occupier
Great Cantel Farm
Llanbister
LLANDRINDOD WELLS
Powys
LDI 6UD

Dear Sir

COUNTY ROAD C1081

We have today received a telephone call from:   Christopher Marsden
Orleton Manor
Orleton
Nr Ludlow
SY8 4HR

He complains that there appears to be some local confusion over the status
of the above road.
For your information I enclose a map that clearly shows the route from the
B4356 near
Dafarndywarch, via Great Cantel Farm, through two fords, and on to Cantel
Community
Centre (the old school) is a County Class 3 road number C1081

This route was known as the C81 by Radnorshire highways pre 1974, and while
this route is in part unmetalled it is still legally open to all traffic.

Also please note that our highways map still show a unclassified road route
number U 1152 (Radnorshire F152) from Great Cantel Farm to meet the C1071
South of Bryn-Golfa.

Yours sincerely

For Highway & Property Directorate

2 Maps were enclosed showing precisely the route we followed.  

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Date: Wed, 26 Mar 1997 19:53:06 -0500
From: Chris Marsden <Byway@compuserve.com>
Subject: Opposition to D/G UCRs

Sometimes your traditional adversaries can be your friends.
(Remember that little story about the Robin and the cow-pat?)

The OSS (Open Spaces Society) are often regarded as more ultra than the RA.
 Here is one of four letters I recieved today from them. 
The first was to the HA objecting to the 116 procedure and asking if there
was any benefit to downgrading, and how they intended to protect from
ploughing, the second the HAs inadequate response, the third to a colleague
suggesting we object along similar lines, and the fourth to the Parishes to
veto the 116s. (The last I reproduce below)

Chris

        Please reply            DO Morgan
        To OPEN SPACES SOCIETY  2Woodside
        local Correspondent      Welsh Newton
        For                     Monmouth NP5 ~RS
        South Herefordshire District            Telephone (01989) 77()~O2

25A Bell Street, Henley-on-Thames, Oxon RG9 2BA (01491) 573535
        Chairman RODNEY LEOG    Registered chaoty2l4753 General Secretary
KATE ASHBROOK

REVIEW OF LITTLE USED UNCLASSIFIED RURAL ROADS

The County Council of Hereford and Worcester have embarked upon the above
review which they have described as a pilot exercise.

The pilot exercise does have a nominal objective purpose which is to remove
the vehicular status from the "roads" concerned.

As the title of the pilot study suggests, vehicular use of these "roads" is
most often nonexistent or very slight.  In any event vehicular use is
capable of being prevented from becoming a problem by the use of Traffic
Regulation Orders; this therefore is not the motivating reason for the
exercise.

The seemingly innocent and even apparently beneficial purpose, which
appears not to be motivated by any vehicular concerns, cannot be achieved
without making the downgraded "roads" vulnerable to destruction and
therefore liable to disappear from our landscape forever.

Thus these ancient ways, which are now often little more than naturally
colonised green spaces, have through little use become highly valued and
valuable natural habitats and in some cases are a vital part of our
critical environmental capital.

The threat posed to such "roads" by the downgrading of them to either
footpath or bridleway is far from obvious.

As 'roads' with a theoretical vehicular classification their hedgerows and
the space between are afforded a degree of protection in law which would
cease to exist if they were to be downgraded.

As Unclassified Roads, it is unlawful to plough them or in any other way to
deliberately disturb their surface.   For these reasons therefore there
exists no beneficial commercial reason for a landowner to remove their
hedges and so the entire area enjoys that degree of protection.

Once they are downgraded all that changes.

As a footpath or as a bridleway they would become vulnerable to ploughing.

Every landowner has, by section 134 of the Highways Act 1980, a statutory
right to plough any footpath or bridleway that crosses his land, a right
that does not apply if they are "roads".

Many enclosed bridleways and footpaths or parts of them that once had the
essential natural function and beauty that can be found in these
Unclassified Roads have been destroyed as the result of the incentive to do
so provided by the statutory right to plough.

The incentive to exploit the extra area is powerful.

Apart from the economies of scale and management convenience that are
generally accepted as being associated with larger fields there is a direct
financial gain by way of crop and subsidy which could yield up to £150 per
year for every 500 yards of such enclosed way that is brought into
cultivation.

Parish Councils have a particular ability to exercise control and
protection of this vulnerable countryside resource should they not agree
with the intentions of the County Council.

In order to make these valuable countryside assets vulnerable by
downgrading them the County Council would need to make use of section 116
of the Highways Act 1980.

The wisdom of Parliament provided in section 116 the requirement for Parish
Councils to be consulted and the possibility for a Parish Council to
exercise absolute control over the process if it chooses to do so by
refusing consent to the making of such an order.

This effective right of veto places an ability in Parish Council hands
which, if your Council shares our concerns, we ask you to exercise in all
cases where you judge that the losses indicated would be likely to be
suffered.

In support of our contention I enclose a copy of our letter to the County
Council raising these issues and of their reply which confirms our fears.

If we may be of further assistance please do not hesitate to contact me.

The Open Spaces Society (formally the Commons Open Spaces and Footpaths
Preservation Society) campaigns to create and conserve common land village
greens open spaces and rights ot public access in town and country in
England and Wales. Founded in 1865, we are Britain's oldest national
conservation body

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