[ First Message | Table of Contents | Search Archive Index | <- Browser -> ]
| Message | Sender | lines | Subject |
| 1 | "Dave Tilbury" [Dave@han | 12 | NF |
| 2 | "Ian Boddison" [mbcx4ib1 | 25 | Re: Tractor Damage to Lanes |
| 3 | "Seymour, Gareth" [garet | 16 | Week in week out |
| 4 | "hawker" [hawker@poverty | 65 | They're at it again!!!!!!!! |
| 5 | "Ian Boddison" [mbcx4ib1 | 20 | Re: Name and shame |
| 6 | doghouse@cix.compulink.c | 21 | Re: Babtie / Oareborough Hill |
| 7 | doghouse@cix.compulink.c | 29 | Re: NF |
| 8 | davidg@hwcces.demon.co.u | 17 | Area RoW Officer |
| 9 | alan kind [alan@highwaym | 12 | Re: NF |
| 10 | Susan Jeggo [derek.sue@v | 18 | widths |
| 11 | "hawker" [hawker@poverty | 12 | Re: Area RoW Officer |
| 12 | "Rob Smith" [rob@archenl | 19 | RE: Babtie |
| 13 | geoff@cix.co.uk (Geoff C | 15 | Re: Babtie / Oareborough Hill |
| 14 | doghouse@cix.compulink.c | 62 | Re: They're at it again!!!!!!!! |
| 15 | "Dave Tilbury" [Dave@han | 13 | Re: Babtie / Oareborough Hill |
| 16 | "Dave Tilbury" [Dave@han | 11 | Seen this one? |
| 17 | "Dave Tilbury" [Dave@han | 18 | Re: They're at it again!!!!!!!! |
| 18 | "Dave Tilbury" [Dave@han | 13 | Re: Name and shame |
| 19 | doghouse@cix.compulink.c | 16 | RE: Berkshire NGLD |
| 20 | TimLARA@aol.com | 31 | Re: widths |
| 21 | doghouse@cix.compulink.c | 16 | Re: Tilehurst |
| 22 | Michael Taylor [mikeandc | 13 | They're at it again |
| 23 | "Dave Tilbury" [Dave@han | 13 | Re: Babtie / Oareborough Hill |
| 24 | "Dave Tilbury" [Dave@han | 12 | Re: Area RoW Officer |
| 25 | "Dave Tilbury" [Dave@han | 16 | Re: NF |
| 26 | "Dave Tilbury" [Dave@han | 46 | Re: widths |
| 27 | "hawker" [hawker@poverty | 72 | Re: They're at it again!!!!!!!! |
| 28 | "hawker" [hawker@poverty | 21 | Re: They're at it again |
| 29 | "Dave Tilbury" [Dave@han | 17 | Re: widths |
| 30 | winchesterld@cix.compuli | 15 | Re: Suzukis |
| 31 | doghouse@cix.compulink.c | 17 | Re: NGLD leaflets |
| 32 | doghouse@cix.compulink.c | 15 | Re: Stuck Suzukis and Rutting Rovers |
| 33 | Chris Lloyd [chris@upand | 22 | EDM thingy |
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From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 09:19:39 -0000 Subject: NF Well, with the New Forest a national park, what chance of recovering the roads denied to us by the Forestry Commission since the sixties? Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 2 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Ian Boddison" <mbcx4ib1@mail1.mcc.ac.uk> Date: Tue, 23 Mar 1999 10:42:57 BST Subject: Re: Tractor Damage to Lanes > << After the meeting he put his opinion to me privately. He believes that > the damage is deliberate and is caused by the anti-vehicular land owner. >> ....... > What a shame the chap lacks the integrity to say so out loud. > Funny how keen such folk can be to repeat anti-motoring opinion, but not pro. > It is just as well no-one needs to assert or protect anything, ennit? Well we are now suggesting this lane for GLD99 :-) The reaction is that the LO is an aggresive chap but that Geoff Funnell (Stockport RoW officer) is going to see him today(?) to try and persuade him that some volunteer maintenance would be in every body's interest. Let's see if it works Cheers, Bod - - - - - - - - - - - - - - -[ <- Message 3 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Seymour, Gareth" <gareth.seymour@sihe.ac.uk> Date: Tue, 23 Mar 1999 10:56:34 -0000 Subject: Week in week out Just in case any of you living in paradise, ie. Wales or are lucky enough to pick up BBC1 Wales and have not seen the trailer...Week in week out tonight is about access to the countryside and aggressive land owners. Will inform you of anything of interest tomorrow. Bye for now, Gareth - - - - - - - - - - - - - - -[ <- Message 4 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "hawker" <hawker@poverty.freeserve.co.uk> Date: Tue, 23 Mar 1999 11:45:37 -0000 Subject: They're at it again!!!!!!!! You remember the case of E5221 Grey Mill Lane in Warwickshire, and the part you have played in getting the proposed stopping up dropped? Right, that is a feather in our collective cap, and justice is slowly coming our way. But, now we have Solihull Metropolitan Borough seeking to do the same thing with a road which time has forgot. In January, they sent a letter to TRF at the national PO Box, and Richard Marshall fielded that with a holding reply, and passed it on to WM TRF. We have looked at it and the back ground is:- *Quarter Sessions declared it to be a Public Carriage Road in 1877 *so called "local knowledge" says it has not been used by vehicles since about the beginning of this century, and that it is stopped up *there used to be another road joining it to form a "T" across the local landowner's estate, and this second road disappears from later OS maps, whereas the first one is on 1831 editions and right through to recent times. I reckon the second road is the likely closed road, if any. I wrote a letter on 16 February, setting out our position that it is still a public carriage road with vehicular rights, and requiring them to confirm this under Sect 56 Highways Act 1980, within one month. If anyone requires a copy, please e me direct. Their response dated 16 March, reads:- "It is now my intention to report this matter to the Transport and Highways Sub-Committee on 12 April 1999. Meanwhile, as a long period of time has elapsed since this route was available to anyone other than walkers I trust that you will bear with me and accept that no action to your notice will be made until the matter has been reported to Committee. Yours sincerely, Director of Environment Services" (written by G Kenneth) I have phoned G Kenneth this morning, and asked why he needs to refer to Committee, and he tells me the recommendation to cttee is to pursue Sect 116 stopping up on grounds of being unecessary. I suggested he confer with Nick Bishton of Warks CC to find out what happened in response to Grey Mill Lane, and I told him that his reply was not sufficient in respect of my Section 56 notice, and that I require a reply to that forthwith. Please will all of you who did such a valiant job on E5221 Grey Mill Lane, take up the cudgels again, and write to:- Director of Environment Services, Solihull Metropolitan Borough Council, PO Box 19, Council House, Solihull, West Mids, B91 3QT, for the attention of Mr G Kenneth, e-mail address is environment@solihull.gov.uk but I don't know how often they use it as a preferred means of communication. Ask him if it is true that the Public Carriage Road from Heronfiled to Chadwick Lane (also known as Public Footpath M168) is under threat of closure, and make clear to him your opposition to any such move. I shall be contacting the Open Spaces Society ( Peter Gatenby) to alert him to this, also. He did sterling work on Grey Mill Lane, and it is an eye opener to me just where we find friends and allies. I find it all very encouraging when we manage to work together, and it certainly helps having instant communications at our finger tips. Thank you in advance for your help. Richard Hawker - - - - - - - - - - - - - - -[ <- Message 5 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Ian Boddison" <mbcx4ib1@mail1.mcc.ac.uk> Date: Tue, 23 Mar 1999 11:58:49 BST Subject: Re: Name and shame > If you care go to the page indicated below, which is not available directly > from the site, yet, you will find some anti GLEAM propaganda. Is it worth > me pursuing this 'attack'? Yes - certainly by filling in the gaps and providing public links to the page. > Comments. I don't want to upset anyone. That's not like you Dave :-) Cheers, Bod - - - - - - - - - - - - - - -[ <- Message 6 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Tue, 23 Mar 99 10:33 GMT Subject: Re: Babtie / Oareborough Hill Does the List think that there would be merit in doing our own analysis of the repairs needed to OH so tthat we can monitor the process. I'm looking into my crystal ball, and I see a time when David Effin G starts thumping the table and saying that 'these 4x4s cost WBC £Xk in 1999 just to repair one lane, lets put a TRO on it.'. If we can show that the repairs have been OTT OR sufficient to sustain agrivehicles, such whingeing as only said git is capable of has the potential to be challenged. Does anyone have demonstarble qualifications to be an authority in this? 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 7 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Tue, 23 Mar 99 13:13 GMT Subject: Re: NF Dave asks <<<Well, with the New Forest a national park, what chance of recovering the roads denied to us by the Forestry Commission since the sixties?>>> IMHO we should try anyway.... even if we get nowhere we can use it in other arenas to shout 'Unfair!'.... So... 1) By what legal device were the roads closed (Act of Parlt? OiC? Unilateral decision by FC?2) Do we have a definitive list of the roads which werte closed at the time?3) Could at least SOME of the roads be used nowadays without interfering with FC business, without damage, without contention?4) Do we have any friends at FC? 5) Could we use current govt thinking as a stick to beat them? Open Access, RoWin C21, MBoB? Lets go for it..... 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 8 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: davidg@hwcces.demon.co.uk (David Goode) Date: Mon, 22 Mar 1999 16:29:48 +0000 (GMT) Subject: Area RoW Officer Always wanted to be a Rights of Way Officer? Want to live in an area with lots of excellent varied laning within 45 mins of home? Able to live on a pittance? There's a vacancy now: ring Judy on 01905 766879 for application form or Karen Mitchell on 01905 766786 for details, or e-mail me. David Goode davidg@hwcces.demon.co.uk Environmental Services Dept Hereford and Worcester County Council - - - - - - - - - - - - - - -[ <- Message 9 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: alan kind <alan@highwayman.demon.co.uk> Date: Tue, 23 Mar 1999 14:33:04 +0000 Subject: Re: NF In message <bulk.29801.19990323021753@Land-Rover.Team.Net>, Dave Tilbury <Dave@hants-lanes.demon.co.uk> writes >Well, with the New Forest a national park, what chance of recovering the >roads denied to us by the Forestry Commission since the sixties? wot? is the New Forest to be a NP? - - - - - - - - - - - - - - -[ <- Message 10 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: Susan Jeggo <derek.sue@virgin.net> Date: Tue, 23 Mar 1999 17:56:36 +0000 Subject: widths Hi I've got a planning application (nature reserve & car park) adjacent to a byway (on the D Map). The access road for the car park is to be the byway. Which is outside the development site. The def statement describes the byway as follows: - my querie is, how wide is the public right.(not checked the Inc Award yet) and does it apply to all rights? Gravel roadway 10ft wide throughout Length 2490 yards Awarded as a private carriage road and driftway and bridle road and footway 40ft wide. Date of survey - September 1951. - - - - - - - - - - - - - - -[ <- Message 11 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "hawker" <hawker@poverty.freeserve.co.uk> Date: Tue, 23 Mar 1999 18:36:23 -0000 Subject: Re: Area RoW Officer more details please of the "lots of excellent laning" where are they? By the way, don't bother with the details of application form etc. Thanks RJH - - - - - - - - - - - - - - -[ <- Message 12 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Rob Smith" <rob@archenland.demon.co.uk> Date: Tue, 23 Mar 1999 19:28:04 -0000 Subject: RE: Babtie Probably, they are after all a commercial organisation, who have to expend some time and effort in 'doing their job', and since it is probably 'outside their normal scope of work' I would be very surprised if they didn't bill the relevant authority for doing it. I've just seen a bill from one of our suppliers for work that they are both contractually and legally obliged to do, so I'm never surprised at contractors trying to get money for what they are obliged to do. Most probable place to hide such a charge in that (in)famous heading "Miscellaneous Expenditure". Rob Smith Mine's the blue 110 - - - - - - - - - - - - - - -[ <- Message 13 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: geoff@cix.co.uk (Geoff Campbell)
Date: Tue, 23 Mar 1999 20:24 +0000 (GMT Standard Time)
Subject: Re: Babtie / Oareborough Hill
> Does anyone have demonstarble qualifications to be an authority in this?
Not qualifications as such, but I can tell you that a single lorry-load of
chippings turned our impassible, wet clay yard into something usable by
normal road cars and bikes, and it has stayed in good repair for 18 months
now.
Regards,
Geoff
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Browser -> ]From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Tue, 23 Mar 99 14:40 GMT Subject: Re: They're at it again!!!!!!!! <<<Please will all of you who did such a valiant job on E5221 Grey Mill Lane,take up the cudgels again, and write to:->>> Yeah, no worries.... But would someone with more literary skills than I (are you List-ening, CJM?) post to the list a phrase which may be incorporated to the effect that 'The enemy was spotted at Grey Mill Lane, and they were ours through legitimate means - why would you wish to put your individual Councillors at risk of personal financial loss by making them leap through the same hoops?'..... Hey, look at the good side...by this time next year, when a HA near *you* decides to try its luck, we will have an armful of these to throw at them..... LATER................................. before I send this, does anyone think its too strong and inflamatory? <<<Please will all of you who did such a valiant job on E5221 Grey Mill Dear Sir Please confirm that this is still a public carriage road with vehicular rights. If this is not confirmed by your office ahead of any meeting by the Transport and Highways Sub-Committee on 12 April 1999, I shall take action for confirmation under Section 56 of the Highways Act 1980, within one month. This action, as I am sure you will appreciate, will cost me nothing and a great deal to the BC, so I would urge that this action be considered in the light of cost-effectiveness. Please confirm to me that your office has made the recommendation to cttee is to pursue Section 116 action (stopping up) on grounds of being unnecessary. Please will you confirm to me that all the Councillors are aware that they would be personally responsible for any costs incurred in any action resulting in illegal acts by a Council Official. I suggest that you confer with Nick Bishton of Warks CC to find out what happened in response to Grey Mill Lane. This was a very recent and in my view very similar situation which was resolved by adherence to certain well-established and well-documented procedures. Yours sincerely, Michael Dyer <<<Please will all of you who did such a valiant job on E5221 Grey Mill 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 15 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 13:21:24 -0000 Subject: Re: Babtie / Oareborough Hill Ta Will ride soon and then start. Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 16 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 14:06:16 -0000 Subject: Seen this one? http://www.rase.org.uk Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 17 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 14:00:42 -0000 Subject: Re: They're at it again!!!!!!!! Be warned. Many years ago there was a similar request to users to stop using an old carriageway past the front door of one of Hampshire's notorious shaggers and supplier of lays to the ***** Family. Users respected this request but did attend court to object to the stopping up. Each objector was asked in turn if they had used the lane in the last year and they all had to say no. The lane was stopped up. The other aspect of this one was invites to garden parties and days shooting for the Magistrates - allegedly. Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 18 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 14:02:34 -0000 Subject: Re: Name and shame Thanks Ian. It is only in accessible from the index page at the moment until the gaps are filled. There is now a serious disclaimer on the bottom. Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 19 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Tue, 23 Mar 99 10:33 GMT Subject: RE: Berkshire NGLD If anyone on teh List lives in/near Wokingham and feels like a contribution on Sunday mail me, I have details of a worthy and do-able project.... The one thing we will be short of is some long-handled pruning shears for overhead work. 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 20 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: TimLARA@aol.com Date: Tue, 23 Mar 1999 17:08:29 EST Subject: Re: widths In a message dated 23.3.99 17:57:36 GMT Standard Time, derek.sue@virgin.net writes: << Gravel roadway 10ft wide throughout Length 2490 yards Awarded as a private carriage road and driftway and bridle road and footway 40ft wide. >> Interesting. I think the public right is 40 feet wide, especially if there have been boundaries of some sort to limit the extent of the route. The public at some time post Inclosure gained vehicular rights, and unless there is something to show that vehicles were not able to use the full width, the preumption is that the whole width was dedicated. OR, big OR, note, the Inclosure actually meant Public Carriageway, in which case no doubt, 40 ft. As to the gravel roadway, that means, I suspect, that a metalled carriageway strip is there, like the tarmac bit of a road with verges. But as these details are on the Statement, and there has been no legal event, they can only be changed following advertisement and the possibility of objections and Public Inquiry. You could also argue that if this use took the BOAT outside the balance of user definition, then the development should not proceed. If you wanted to, of course. Perhaps you don't mind this development. Tim Stevens - - - - - - - - - - - - - - -[ <- Message 21 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Tue, 23 Mar 99 13:14 GMT Subject: Re: Tilehurst Tay Road Tilehurst is subject to two S247 stoppitup orders. It was passed to me to investigate. After a couple of phone calls, IMHO they have no implications for unsurfaced RoW users, so I'll not pursue. They relate to a disused underground carpark in teh middle of a residential area. 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 22 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: Michael Taylor <mikeandchris.taylor@virgin.net> Date: Tue, 23 Mar 1999 22:46:30 +0000 Subject: They're at it again Hi folks, and Richard, Re the Solihull problem. Could you please provide grid refs and any physical detail, surface, widths, boundaries, and any other cogent detail so that those of us who are some distance away can have some meat upon which to hang the bones of our complaints. Now where did I file the Warks letters? Cheers,Mike. - - - - - - - - - - - - - - -[ <- Message 23 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 21:44:09 -0000 Subject: Re: Babtie / Oareborough Hill <<I'm looking into my crystal ball,>> Sounds sound. Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 24 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 22:04:50 -0000 Subject: Re: Area RoW Officer OOoow. Would that provide the opportunity to pursue the owner of a white discovery for the cost of repair for the extraordinary use of a RoW?? Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 25 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 22:36:22 -0000 Subject: Re: NF <<wot? is the New Forest to be a NP? Well, you've got your Angel of the Norff, so we get a National Park. Fair do's squire. If, you'd like to come look at it - stand at the edge mind, we don't want all and sundry wandering across it - I'll arrange B&B (Bed & Beanfeast) Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 26 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Tue, 23 Mar 1999 22:53:01 -0000 Subject: Re: widths Is the way bounded by fence or hedge? If it is or not I can see no reason why the public should not be able to pass and repass over the full width. We have cases that tell us that anything that impedes free passage over the full width is an obstruction no matter how temporary. Seekings v Clarke - 1961 [bb p169] "anything substantially prevents free access over the whole carriage way is an unlawful obstruction" Vanderpant v Mayfair Hotel Co (1930) 1 Ch. 138 at 152 it was said, "An encroachment on a highway is by common law a public nuisance. It is no defence that the obstruction is made on a part of a highway which is not habitually or ordinarily used for passage. It is no defense that the obstruction is in other ways productive of public benefit, and however reasonable may be the use of a highway by an owner of adjoining premises the public right is a higher right than his and he must yield to the public right." Harvey v Turo Rural Council (1903) 2 Ch.638 by Joyce J. who in his judgement said "in the case of an ordinary highway running between fences, although it may be of varying and unequal width, the right of passage or way prima facie, and unless there be evidence to the contrary, extends to the whole space between the fences, and the public are entitled to the entire of it as a highway, and are not confined to the part which may be metalled. All the ground that is between the fences is presumably dedicated as a highway unless the nature of the ground or other circumstances rebut that presumption.... It is an established maxim that 'once a highway, always a highway'. The public cannot release their rights. Mere disuse of a highway cannot deprive the public of their rights. Where there was once been a highway no length of time during which it may not have been used will preclude the public from resuming the exercise of the right to use it if and when they think proper. Even if the highway authority had actually consented to any obstruction or encroachment upon the strip being part of the highway, such consent could not legalise that which was otherwise illegal.".... Do you submit? You want more do yer? Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 27 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "hawker" <hawker@poverty.freeserve.co.uk> Date: Tue, 23 Mar 1999 23:07:26 -0000 Subject: Re: They're at it again!!!!!!!! I understand what you're saying, Dave. One difference here, I do believe them when they say that nobody has used it with vehicle for many years - at least in living memory - but I am declaring that has been because it has been witheld from the public's knowledge (inadvertently or otherwise) and that amounts to the same as denying the public their full rights, purposely or otherwise. That in turn could lead to public suspicion that collusion to deny the public their full rights is a possibility, and that, because the only beneficiary in such a case would be the landowner, such collusion might be challenged as corrupt. In such a case, surely all councils would wish to be seen as whiter than white? - i.e. not only operating within the law, but seen to be operating within the law. As they would be quick to tell us in a court of law, we cannot gain a right of way by trespass, so I would contend to them that they cannot deprive us of our legitimate rights by hiding the existence of those rights. They have a DUTY to assert and protect the rights of the public, and this comes first and foremost before any right to benefit private landowners at the expense of the public. It is not a priority for them to give away land which once formed part of the highway, thus causing detriment to the public. Their failure in their duty is now threatened with being compounded by attempting to stop-up without first declaring to the public openly that those higher rights exist. Gross dereliction of duty under the Highways Act 1980, in my view. If they want to try to stop-up, then they should attempt that after they have first corrected the record of the public's right, and we would fight them then on the level(ish?) playing field. For what it's worth (probably not much, and I don't know how true it is) rumour has it that the original attempts to alter this route and its situation on the ground began in about 1950 when a Mr Harriman owned the affected property now known as The Dial House, and he wanted it diverted, as only a footpath, to take the hoi-palloi away from his prize herd of cattle because of a brucellosis scare. Mr Harriman is reputed to have been in charge of some minor manufactory called..... I can't remember if it was Rover/Land Rover/Austin, or what. Perhaps someone out there can shed light on that, if its relevant. Mike, and all you others about to pen a letter, the following is my personal point of view and is open to criticism from all and sundry. I would only let them know that you are now aware of the proposal, and you are asking what the truth is - section 56 if you like - asking if they propose to go to section 116 at committee on 12 April, and making plain that you will be objecting to any such move at the appropriate court hearing, just as you would have done for Grey Mill Lane, Little Alne, if push had come to shove. Mention it by name (grey mill lane, that is), I have, and I have already suggested they contact Nick Bishton to learn from that council's experience in such matters, so I leave it to you as to whether you repeat it. I wouldn't bother with the undertones of personal liability for councillors - they're fairly thick skinned as a breed, its a requirement for being one. I wholeheartedly agree with your statement ========= "Hey, look at the good side...by this time next year, when a HA near *you* decides to try its luck, we will have an armful of these to throw at them....."========== Any further feed back is most welcome. Richard Hawker - - - - - - - - - - - - - - -[ <- Message 28 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "hawker" <hawker@poverty.freeserve.co.uk> Date: Tue, 23 Mar 1999 23:19:43 -0000 Subject: Re: They're at it again grid ref 195750 to 201753 on OS Landranger 139 Birmingham. Starts western end through some (electronically operated?) wrought iron gates passes the corner of beautiful period property The Dial House, between fences well defined to wooded uphill slope, still well defined, nice gentle climb to higher level a little bit muddy when wet, past badger setts, to nice hedged/fenced lane at top to Park Corner, coming out across someone's lawned part of the highway!. Links up nicely with Temple Balsall lane to Piercel End, and thus is a neccessary route for the public. Nearly all of it driveable even now! Certainly with m/bike, easy Richard Hawker - - - - - - - - - - - - - - -[ <- Message 29 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: "Dave Tilbury" <Dave@hants-lanes.demon.co.uk> Date: Wed, 24 Mar 1999 00:40:55 -0000 Subject: Re: widths <<But as these details are on the Statement, and there has been no legal event, they can only be changed following advertisement and the possibility of objections and Public Inquiry. >> Correctly there should be a s116 to stop up part of the highway over which the development is to take place. I guess T&CP act would do. Dave Tilbury Dave@hants-lanes.demon.co.uk http://www.hants-lanes.demon.co.uk - - - - - - - - - - - - - - -[ <- Message 30 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: winchesterld@cix.compulink.co.uk (Rodney Sabine) Date: Wed, 24 Mar 99 05:59 GMT Subject: Re: Suzukis You don't need to measure a Suzuki. If it gets stuck you each get a bumper and carry it along the lane Well that's what we do .... And I remember an occasion when a certain Range Rover got highly stuck and a certain Vitara didn't ..... Rodney Sabine, Alresford, Hampshire - - - - - - - - - - - - - - -[ <- Message 31 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Wed, 24 Mar 99 07:28 GMT Subject: Re: NGLD leaflets Quite a few of you (as well as Joe Public) have asked me to send these out to yuo. Tim assures me that they went in the post to me last Friday, but as of 0630 today (wed) no sign...b****y ParcelFarce or whatever.... Bear wity me, they'll arrive soon, I hope. 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 32 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: doghouse@cix.compulink.co.uk (Michael Dyer) Date: Wed, 24 Mar 99 07:29 GMT Subject: Re: Stuck Suzukis and Rutting Rovers <<<<And I remember an occasion when a certain Range Rover got highly stuck and a certain Vitara didn't ..... >>> Thanks Rodney for refreshing our memories, its a good job that *that* particular recollection wasn't allowed to die......;-) 73s and 88s :-) Mick Dyer (doghouse@cix) - - - - - - - - - - - - - - -[ <- Message 33 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
From: Chris Lloyd <chris@upandrun.co.uk> Date: Tue, 23 Mar 1999 20:12:46 -0000 Subject: EDM thingy Hi! I had the local conservatives round tonight drumming up support for the forth coming local and euro elections. I told them I was unimpressed with their lot as my MP (con) is a signatory to the EDM and that I'd written to him about it and he had not replied. They said they'd send him round to talk to me about it. I need some good examples of what lowlifes gleam are and how they lie and cheat and are only really interested in adding to their own property values etc. etc. ad infinitum blah blah....(bastards!) I don't suppose I'll change his mind but it's still worth a try! I'm from the Thames Valley TRF group and live in Basingstoke. I'm a bit new to all this ROW stuff but have "listened" for a while and would like to be more active... any suggestions or advice? Best regards Chris Lloyd. - - - - - - - - - - - - - - -[ <- Message 34 -> | Table of Contents | <- Digest 990324 -> | Search Archive Index | <- Browser -> ]
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