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Date: Wed, 28 May 1997 11:16:10 +0100
From: Owen Sayers <central4x4@zetnet.co.uk>
Subject: Corrieyairick - problem brewing I think
Hi all,
Sorry to bother you, but I've just recieved a call from Sandy Young,
SLROC Green Lanes Officer, re the Corrieyairick road.
He tells me that the SLROC, Highland Council, Historic Scotland and
other interested parties have decided to adopt a management plan for the road.
Whilst accepting that some form of management is sensible, this
"plan" appears to me to be more than problematic.
It means that the road will be closed for 6 months of each year for
maintenance (October to April). Maintenance during the winter????
Also that THIS year, the road will be "voluntarily closed" from now
till August 31st for urgent repairs, and that on 31st August the
SLROC will drive the route en masse to underline its RoW status. This
has been written into the "closure order" which pertains to the
management plan, and to my mind smacks of permissiveness. Yes?? No??
Further, the SLROC have been told that this is the only option which
will prevent a full closure order being sought and imposed upon the road.
I am VERY worried. Not only about this particular route, but that
under the Scottish practice of case law forming the common law under
which we must abide, that any actions taken on the Corrie will affect
any and all other routes throughout the country.
Additionally, that such a policy is being made by any minority group
- even bowing to the fact that the SLROC and others have done
sterling work over the last few years on the Corrieyairick - to the
detriment of any other individuals or groups rights over this route.
I suspect that even if this plan is put into place, it would be
extremely difficult to defend its legallity in court as a result of
this aspect.
Any views or comments would be heartily welcome.
Also Tim....can you give me your phone number at LARA?? I think that
the time has come for other interested parties to make their presence
felt in this and other RoW matters in Scotland. Want a Scottish LARA rep?
Cheers to all,
Owen
=========================================================
Central 4x4 Outdoor Leisure Off-Road Driving Centre
3 Clover Place, Bo'ness, West Lothian, EH51 0QW, Scotland
Tel: (+44) 01506 616448 / 0370 471 277
http://www.users.zetnet.co.uk/central4x4/
=========================================================
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Date: Wed, 28 May 1997 12:13:19 +0100
From: alan kind <alan@highwayman.demon.co.uk>
Subject: Re: Corrieyairick - problem brewing I think
In message <1997052811161071017@zetnet.co.uk>, Owen Sayers
<central4x4@zetnet.co.uk> writes
from Alan Kind - greetings to all
<central4x4@zetnet.co.uk> writes
>It means that the road will be closed for 6 months of each year for
>maintenance (October to April). Maintenance during the winter????
[ truncated by list-digester (was 8 lines)]
>has been written into the "closure order" which pertains to the
>management plan, and to my mind smacks of permissiveness. Yes?? No??
Strikes me that this is nonsense. The CP is a very robust road indeed.
Once the problems at the FA end are engineered away I cannot see any way
in which beneficial works could be done on the road during the winter,
nor that 4WD use would cause damage. hell's bells - the road is often
closed by snow anyway!
>Further, the SLROC have been told that this is the only option which
>will prevent a full closure order being sought and imposed upon the road.
>Also that THIS year, the road will be "voluntarily closed" from now
Think you need to ascertain whether a TRO would be used, or the
"downgrading" process under Scottish highway law. This latter appears to
operate to remove all rights other than footpath, thus closing the CP to
horses and cyclists too (we have been through this with Dere Street in
recent years).
TROs are a problem - easy to impose and not much you can do about them.
>I am VERY worried. Not only about this particular route, but that
>under the Scottish practice of case law forming the common law under
>which we must abide, that any actions taken on the Corrie will affect
>any and all other routes throughout the country.
>SLROC will drive the route en masse to underline its RoW status. This
No - don't think so. TRO or downgrading is just an administrative
process - the superior courts would not be involved. No "legal
precedent", but certainly maybe an administrative one!.
>=========================================================
>Central 4x4 Outdoor Leisure Off-Road Driving Centre
[ truncated by list-digester (was 7 lines)]
>http://www.users.zetnet.co.uk/central4x4/
>=========================================================
--
Alan kind
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