New Bridleway.

renewablejohn

Member
Location
lancs
Dont do it. I have been in a battle over a proposed bridalway for the last 10 years. Our roadway was actually constucted as part of an enclosure act giving rights of access to all the land owners. The council now want our permission to downgrade to a bridalway which we have refused as it will restrict access for vehicles.
 

Pond digger

Never Forgotten
Honorary Member
Location
East Yorkshire
Dont do it. I have been in a battle over a proposed bridalway for the last 10 years. Our roadway was actually constucted as part of an enclosure act giving rights of access to all the land owners. The council now want our permission to downgrade to a bridalway which we have refused as it will restrict access for vehicles.
It won’t restrict your own access for farming purposes, surely? However, it will mean that the Highway Authority will only be obliged to maintain it to a standard compatible with its downgraded status, which probably means no tarmac.
 

slackjawedyokel

Member
Mixed Farmer
Location
Northumberland
I don’t see much in the way of pros for you, but many many cons. If you want a track up to the cottage then you can presumably create that yourself at your own expense and keep the track private (eg you could gate and padlock it in future if the need arose). I doubt you’d get too much out of the council towards creation of a track- maybe something to pay for a few loads of sub-base but I doubt you’d be talking big bucks and I guess you’d end up maintaining it into the future because even if the council ended up with the liability it would be wellllll down their priority list!

As others have said- a legally binding deal you (and whoever owns the land in the future) could never get out of.
 

renewablejohn

Member
Location
lancs
It won’t restrict your own access for farming purposes, surely? However, it will mean that the Highway Authority will only be obliged to maintain it to a standard compatible with its downgraded status, which probably means no tarmac.

Has already happened with gates put across the enclosure act roads despite the act saying no gates to be erected. Council are supposed to be the enforcing authority to remove the gates but have refused to use there powers so far to remove the gates.
 

Pond digger

Never Forgotten
Honorary Member
Location
East Yorkshire
Has already happened with gates put across the enclosure act roads despite the act saying no gates to be erected. Council are supposed to be the enforcing authority to remove the gates but have refused to use there powers so far to remove the gates.
Unless the gates have always been there, I suspect the Council (if they act as Highway Authority) has a statutory obligation to remove them.
 

som farmer

Member
Livestock Farmer
Location
somerset
as everyone has said, don't do it.
we wanted to divert a footpath that runs through our yard, this was result of a complaint, council came out, after an argument about where the actual path was, and being told we would have to take buildings down, as they 'obstructed' the path, they had been there for 40 yrs. she was told 'to go and sit in her car' by her boss, an agreement for an alternative, using a track that runs behind the buildings was agreed, entirely sensible………….till, well the track is bit rough, and our cattle use it, it's a bit dirty for people to use, so you will have to resurface the track, (750 metres), and keep it clean, like a road. this had to be done BEFORE we could put in for for permission to divert footpath, council would support alternative, but all costs to be paid by us, the argument put to us as to why all the above was necessary, the ramblers society would automatically challenge it. and to have any chance of success, we would have to make it as near to a pavement type surface, as possible. we might have to put viewing points in, make passing places if cattle or tractors were using it, estimate of cost ran to nearly £10,000 this was before paying council costs, our own legal costs (we would have had to use a specialist solicitor...……..
council thought we would do it, so they put temporary diversion signs up for the new route, signs have been there for nearly 10 yrs now, nobody has complained.
my advice is DO NOT DO IT, we could have forked out £20,000 plus, with absolutely no certain outcome.
council have been out because a gate blocked the path, as in a yard gate, luckily we had an aireal photo from the 1940's, clearly showing a gate, end of.(I hope)
 

Frodo2

Member
We need more information. How much compensation, what is likely usage of path, what do you do with fields, does the cottage really have no access at all and will this make getting permission easier, Do you have a farm cafe which will sell scones to walkers?

Personally I can't stand the "ger off my land" mentality of some farmers. We provided a link path (with grant aid) and I am slightly embarrassed by the gratitude off users. But I am in a fairly pleasant area.
 

renewablejohn

Member
Location
lancs
Unless the gates have always been there, I suspect the Council (if they act as Highway Authority) has a statutory obligation to remove them.

That is the problem the council do not want to take responsibility for the roads on the enclosure act land even though its probably there duty to but if they can down grade it to a bridalway then the problem they think will go away. Unfortunately I have no idea who to contact to move it forward. Neither Parish Council or MP are in the slightest concerned. All they say is you have an alternate access road so why are you concerned. The fact that every time it snows the alternate road blocks easily due to drift off the fields is totally irrelevant in there minds.
 

Pond digger

Never Forgotten
Honorary Member
Location
East Yorkshire
That is the problem the council do not want to take responsibility for the roads on the enclosure act land even though its probably there duty to but if they can down grade it to a bridalway then the problem they think will go away. Unfortunately I have no idea who to contact to move it forward. Neither Parish Council or MP are in the slightest concerned. All they say is you have an alternate access road so why are you concerned. The fact that every time it snows the alternate road blocks easily due to drift off the fields is totally irrelevant in there minds.
I would write to the council, insisting that they exercise their duty under section 130 (I) of the Highways Act 1980. If they don’t, then take them to court.
 

jendan

Member
Mixed Farmer
Location
Northumberland
You could always enquire if they are prepared to consider closing or re-alighning any of the existing footpaths on your property as a starting point. Don't hold your breath for their reply.
i have already done this by giving a permissive route on the existing footpath so it does not go through the farm,but goes down the side of a field instead,and closing the farm part.
 

HolzKopf

Member
Location
Kent&Snuffit
Here's another 'don't do it' vote :stop:
We have two PROW; a footpath and a bridleway. Footpath seems to assume 'any width' when crossing a field. Livestock signs removed almost as quick as you put them up. Dogs perptually off leads even when lambs about. "It's ok, he's only chases pheasants" type comments. And plenty of owners pull up in their cars with their mutts busting for a morning cr*p in the nearest field. Horse riders and many of them are known to us as friends and neighbours really believe that they own the bridlepath not us. Forget speaking about cyclists, trials bikes and human sh*t - I could go on.
The nice ones are the walkers out for a stroll, who show respect for the surroundings, the land, stock and property and I like to see them and yarn with them. But I would say they are outweighed by the others :mad:
Why would you choose to have one....
 

nick...

Member
Arable Farmer
Location
south norfolk
A customer of mine who done a barn conversion,pics posted over last 18 months had a foot path run down boundary of site for about 600 metres.he measured 2metres from the hedge and put a barb wire fence up and put another hedge inside that.where footpath goes past his new home he put a 8 foot tall panel fence to stop the nosey buggers looking in
Nick...
 

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