Downgrading of Bridleway in Cullingworth West Yorkshire

[Activ8]

http://maps.google.com/maps/ms?msid=202771084626674078393.0004a815aef88d2ef8881&msa=0

Above shows a map of Bridleway 140 which at present has a notice for downgrading to footpath status.

This bridleway and the adjoining one 134 provide great links to various routes in the Cullingworth area and if they are lost then then it will mean cycling and horse riding will be forced onto some busy roads with dangerous junctions in order to get to these other routes such as the Great Northern Trail and Sustrans Project and also the Calder Aire Link of the Pennine Bridleway.



If like me you want to object to this downgrading then please send your objection in writing quoting the reference supplied to the address below before 05/08/11



I have also created a bit on facebook for it

http://www.facebook.com/event.php?eid=127379967351056&notif_t=mention



LEG/DEV/SPN/70344

City Solicitor
Suzan Hemingway
Legal and Democratic Services
City of Bradford MDC
City Hall
Bradford
BD1 1HY



Thanks

Richard

 

[vernon]

To be successful, the objection has to be based on being able to demonstrate that the route was a bridleway prior to 1952.

A pretty tall order....

 

[ColinJ]

To be successful, the objection has to be based on being able to demonstrate that the route was a bridleway prior to 1952.

A pretty tall order....

I thought there was a rule that showing 20 years of unchallenged access was enough? Mind you, how do you prove it?

There is a section of moorland on the hills above Hebden Bridge that I have been riding on my MTB for 20 years and nobody has ever complained about it but I don't think it is officially a bridleway.

 

[vernon]

I thought there was a rule that showing 20 years of unchallenged access was enough? Mind you, how do you prove it?

There is a section of moorland on the hills above Hebden Bridge that I have been riding on my MTB for 20 years and nobody has ever complained about it but I don't think it is officially a bridleway.

The downgrading is based on the fact that it was never a bridle path when it was stated to be so in 1952. The definitive map of 1952 is claimed to be inaccurate and the bridle path was an error and should have been shown as a footpath.

Subsequent use as a bridle path, in this instance, is irrelevant.

 

[sheddy]

Can you flag it up to Sustrans ?

 

[ColinJ]

The downgrading is based on the fact that it was never a bridle path when it was stated to be so in 1952. The definitive map of 1952 is claimed to be inaccurate and the bridle path was an error and should have been shown as a footpath.

Subsequent use as a bridle path, in this instance, is irrelevant.

I don't know about that particular footpath/bridleway but I looked up the legislation that I was talking about - The Highways Act 1980, Section 31:

31 Dedication of way as highway presumed after public use for 20 years.

(1)
Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

 

[classic33]

I don't know about that particular footpath/bridleway but I looked up the legislation that I was talking about - The Highways Act 1980, Section 31:

Round our neck o' woods, the council will require at least 15 names to any letter that you wish to send in concerning the above.