DEFENDER2.NET - View topic - PROTECT THOSE BYWAYS (GLASS)

↓ Advertise on Defender2 ↓

Home · FAQ · New Posts · My Posts · PMs · Search · Members · Map · Calendar · Profile · Donate · Register · Log In

Home > Expedition & Overland > PROTECT THOSE BYWAYS (GLASS)

Page 1 of 1

Print this entire topic ·

LR90XS2011

Member Since: 05 Apr 2011
Location: bickenhill
Posts: 3639

2011 Defender 90 Puma 2.4 XS CSW Galway Green

PROTECT THOSE BYWAYS (GLASS)

I'm a member of Glass and received this today, I've done it can others pass on and also do[/b]

Dear GLASS Members and Supporters

Just over a year ago, on 16 February 2022, we welcomed the news that the 2026 cut-off date would be repealed in England!

Changes to the law introduced by the Countryside and Rights of Way Act 2000 meant that many historic routes used by motor vehicles, carriage drivers and other users in England and Wales would be lost on 1 January 2026 if they hadn’t been formally recorded.

Despite the Government’s announcement to abolish this deadline, work continues to record and protect these routes.

To date, the Government have not yet found the opportunity to formally repeal the cut-off.

We’re continuing to press for the repeal, but we’re calling on all green road users to get involved by contacting your MP, as well as supporting us with our access work – see our publication “Inclusive Countryside Access” which can be downloaded from our website here

Please either use our template letter or preferably draft your own (you can use the template as a guide). You can email or send a letter in the post to your MP and remember to include your address, so your MP knows you're part of their constituency. Find out who your MP is here.

We are pleased to credit the British Horse Society (BHS) for reminding us of the need for this action, and for providing the basis of the letter and template above.

Best wishes from

The Green Lane Association Management Team

The Green Lane Association
0800 0437844
www.glass-uk.org[[/i]/b] DEFENDER 90 TDCI XS,

I hope everyone is well and your land rovers make you happy

16th Mar 2023 7:17pm

blackwolf

Member Since: 03 Nov 2009
Location: South West England
Posts: 17320

2007 Defender 110 Puma 2.4 DCPU Stornoway Grey

From your title I thought GLASS had started trying to close lanes!

16th Mar 2023 8:21pm

MartinK

Member Since: 02 Mar 2011
Location: Silverdale (Lancashire/Cumbria Border)
Posts: 2665

2011 Defender 110 Puma 2.4 USW Orkney Grey

I'm a member of the Trail Riders Fellowship. We have a similar thing going on. Mass petitions to keep our trails open. A worthy cause IMO Defender "Puma" 2.4 110 County Utility (possibly the last of the 2.4's)

16th Mar 2023 8:38pm

DSC-off

Member Since: 16 Oct 2014
Location: North East
Posts: 1394

2015 Defender 110 Puma 2.2 XS CSW Aintree Green

That's very interesting.
I thought the NERC Act of 2006 superceded the Countryside and ROW Act 2000.
NERC prevented the creation of new Rights of Way on historical evidence (6.32)
It also extinguished non recorded Rights of Way (6.33)
Any applications made before Jan 2005, under the Wildlife and Countryside Act 1981, would still be processed. (6.35)

Unless it was all deliberately confusing, to make us think there was no point in gathering evidence and making an application. 17 years on this still makes my blood boil, the mass closure of byways on a government whim, no evidence considered.

Natural Environment and Rural Communities Act, 2006 (extract) :

Part 6: Rights of way
31.Under current law, evidence of use by non-mechanically propelled vehicles of a route for a 20 year period or a dedication for such use gives rise to a public right of way for all vehicles and this public right of way can be recorded on the definitive map and statement as a byway open to all traffic. (The “definitive map and statement” is a document kept by a local authority which shows footpaths, bridleways, restricted byways and byways open to all traffic.).

32.In Bakewell Management Ltd v Brandwood [2004] UKHL 14, [2004] 2 AC 519, the House of Lords decided that a right of way may arise where mechanically propelled vehicles have used a route for the 20-year period, even where that use was illegal. Use of footpaths or bridleways by mechanically propelled vehicles has been illegal since the 1930’s. Part 6 halts the implied creation of new public rights of way for mechanically propelled vehicles, preventing post-1930 use of a way by a mechanically propelled vehicle from giving rise to any future public right of way.

33.Part 6 also extinguishes existing public rights of way for mechanically propelled vehicles, where those rights are not already recorded on the definitive map and statement, although this is subject to certain exceptions.

34.Property owners and others with an interest in land may have been relying on unrecorded public vehicular rights of way for access to that land. Part 6 ensures that, if the public right of way for mechanically propelled rights is extinguished, these people are provided with a private right of way to access the land by mechanically propelled vehicle.

35.All claims made under Part 3 of the Wildlife and Countryside Act 1981 to establish new rights for mechanically propelled vehicles which were lodged before 20 January 2005 (in England) or 19 May 2005 (in Wales) will be preserved and dealt with under the old law. So also will applications that were lodged after the relevant date but have reached the stage of being determined by the surveying authority. So too will applications lodged by landowners who want to maintain access to their property by mechanically propelled vehicle.

36.Part 6 also amends provisions of the Highways Act 1980 that deal with the creation of public rights by a period of use. One purpose of the amendments is to make clear that use by non-mechanically propelled vehicles (such as pedal cycles) can still give rise to a new public right of way for non-mechanically propelled vehicles. Another is to clarify the date on which a public right to use a way is to be regarded as brought into question (for the purpose of calculating the length of the period of use, and thus whether or not a new public right of way has been created) in a case where the public right has been brought into question by an application to modify the definitive map and statement.

37.Finally, Part 6 includes provision to enable National Park authorities to make traffic regulation orders and other orders regulating traffic, in relation to recorded byways, footpaths and bridleways and unsealed carriageways in National Parks

19th Mar 2023 8:35pm

MarkBrown

Member Since: 03 Oct 2022
Location: Mid Wales
Posts: 443

1983 Defender 110 Other HT Auto Keswick Green

The future is bleak.

20th Mar 2023 7:45am

custom90

Member Since: 21 Jan 2010
Location: South West, England.
Posts: 20282

GLASS were great with a couple of local lanes I know of.
They helped on some basic maintenance and now are properly signposted etc. ⭐️⭐️God Bless the USA 🇬🇧🇺🇸 ⭐️⭐️

20th Mar 2023 1:35pm

Merlin

Member Since: 30 Oct 2010
Location: Newmarket
Posts: 981

Sent mine off but doubt if my local MP will respond, apart from a standard automatic confirmation of receipt. Disillusioned Peter from Newmarket.

20th Mar 2023 2:35pm

Page 1 of 1

All times are GMT

Jump to

< Previous Topic | Next Topic >

Posting Rules

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum