Author Topic: Public Inquiry– Fingers X.  (Read 3629 times)

barewirewalker

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Public Inquiry– Fingers X.
« on: 16:54:43, 23/01/14 »




Yesterday I went to a public inquiry to try to establish about 1/3 of a mile of new right of way. There is plenty of circumstantial evidence to suggest that it is a 'lost way' (and bucketfull of good reasons to make it one ) but the case was made on 20 years continual use by local walkers as this is the stronger case under law as it stands.


It was a very interesting day, however dry the evidence given seemed and was a worthwhile experience for any one with an interest the legislation involved to try to improve our access network.


The Public Enquiry was held in the Welshhampton Village hall near to Ellesmere and as the below map shows it creates a little more access to the Shropshire lake / meres, which are sadly short of this amenity, both in off-road linking as well as places to actually see them.





I made a statement and was questioned by the solicitor acting for the County Council. I was able to drag into my answers quite a lot of info about the benefits this crucial length of pathway will give to the access network, sadly this will not influence the inspectors decision as the evidence he can base his decision on is totally restricted to the terms of the inquiry.


However in about 6 weeks we should hear if the hoped for addition to the Shropshire access network has been successful and I am keeping my fingers crossed. It is thanks to local walkers that this issue has got as far as this, I am not one of those locals and am thankful on behalf of all walkers that there hard work and sustained effort has got as far as this.
BWW
Their Land is in Our Country.

stang

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Re: Public Inquiry– Fingers X.
« Reply #1 on: 18:13:59, 23/01/14 »
Fingers crossed for ya mate and well done. O0

sussamb

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Re: Public Inquiry– Fingers X.
« Reply #2 on: 18:27:13, 23/01/14 »
Hope all goes well in due course. 
 
Heard today, having serving a Form 4 on West Sussex County Council last April/May, that after protracted negotiations with numerous landlords contract invitations have now gone out with a completion date of no later than 30 March to install kissing gates etc on a ROW near me that had been closed for over 20 years with the Council doing nothing to re-open it.  My Form 4 did the job!!
Where there's a will ...

barewirewalker

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Re: Public Inquiry– Fingers X.
« Reply #3 on: 18:44:55, 23/01/14 »
Well done, I expect it seemed like a hopeless cause when you started but results like that are very rewarding O0
BWW
Their Land is in Our Country.

thomasdevon

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Re: Public Inquiry– Fingers X.
« Reply #4 on: 21:59:37, 23/01/14 »
Well done barewirewalker.

Peter

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Re: Public Inquiry– Fingers X.
« Reply #5 on: 22:00:18, 23/01/14 »
Hope all goes well in due course. 
 
Heard today, having serving a Form 4 on West Sussex County Council last April/May, that after protracted negotiations with numerous landlords contract invitations have now gone out with a completion date of no later than 30 March to install kissing gates etc on a ROW near me that had been closed for over 20 years with the Council doing nothing to re-open it.  My Form 4 did the job!!


Excellent  O0  now, what's a 'form 4' ?  ???
Peter
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sussamb

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Where there's a will ...

wintonian

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Re: Public Inquiry– Fingers X.
« Reply #7 on: 00:55:30, 24/01/14 »
Any clues to how much a trip to the magistrates etc. would cost?

Just wondering how much of a risk calling their bluff is?

sussamb

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Re: Public Inquiry– Fingers X.
« Reply #8 on: 06:53:22, 24/01/14 »
Free unless the application is seen as malicious then you would have to pay costs  O0
Where there's a will ...

phil1960

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Re: Public Inquiry– Fingers X.
« Reply #9 on: 07:28:46, 24/01/14 »
Well done you guys  O0
Touching from a distance, further all the time.

mananddog

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Re: Public Inquiry– Fingers X.
« Reply #10 on: 07:41:13, 24/01/14 »
Good luck with the outcome.

Trenchfoot

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Re: Public Inquiry– Fingers X.
« Reply #11 on: 08:27:03, 24/01/14 »
Thanks for sharing your findings, with luck I hope it's a favourable outcome  O0
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barewirewalker

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Re: Public Inquiry– Fingers X.
« Reply #12 on: 11:04:20, 24/01/14 »
Any clues to how much a trip to the magistrates etc. would cost?

Just wondering how much of a risk calling their bluff is?


Risky business just trying to call landowner's bluff, because I believe that once it gets into the legal chain the proposer is expected to continue it for its duration. This was a Public Inquiry before a government inspector, the County Council bought the action against the landowner because sufficient public pressure was bought to bear on them, this was by persistent work by the local walkers and Ramblers.


As a member of Shropshire County Council Local Access Forum I often feel disappointed by the lack of actual support from the local community and believe that councils could do a lot more if they knew that there is dissatisfaction amongst ratepayers about the level of access to our countryside. There is plenty of complaints about landowners blocking paths but not enough about the access network being developed properly for the 21st century.


There is little understanding or perhaps willingness to admit to the level of 'Corruption of the Definitive Map' during it formation, the level of legal proof required to change the DM is out of proportion to that which created it, so now what would seem like 'common sense' to repair mistakes from the past is inadmissible evidence.


The only way to correct this by raising public awareness to a level that will change attitudes, if this is done before 2026 then valuable additions to the access network will be made. If not the access network will stay pretty much the same, I think that there is a real risk that 'Landowner Baiting' will break out to a greater level than it did prior to the Scottish 2003 Land Reform Act after 2026.
BWW
Their Land is in Our Country.

wintonian

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Re: Public Inquiry– Fingers X.
« Reply #13 on: 02:05:55, 25/01/14 »
Free unless the application is seen as malicious then you would have to pay costs  O0

Ask a silly question....  ;D

barewirewalker

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Re: Public Inquiry– Fingers X.
« Reply #14 on: 18:05:52, 08/06/14 »
Good news here, only just thought to check it out, Shropshire Star reported it on the 14th of May after the time had expired for the the landowner to appeal.
Quote
A public footpath has been reopened after a public inquiry and requests from nearby residents.
However a public inquiry was held in January at Welshampton Village Hall, after Shropshire Council asked for it to be added to the definitive map of public rights of way.
It was shown that the route was in place even as early as 1836 and several people gave evidence that they had used the footpath as children.Inspector Barney Grimshaw concluded with an order saying the route should be made a public footpath.

http://www.shropshirestar.com/news/2014/05/14/shropshire-footpath-is-reopened-after-public-enquiry/
BWW
Their Land is in Our Country.

 

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