White Edge, Parish of Ballidon, Derbyshire.

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Hugh
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White Edge, Parish of Ballidon, Derbyshire.

Post by Hugh »

Greetings folks,

We have another route for which we require your User Evidence Forms. The route was originally claimed as a BOAT back in December 2004 so the critical 20 year time frame is 1984 through to 2004. Evidence of later use might still be of influence in our favour so if you have used the route please record such.

This excellent scenic UCR known as White Edge is in the Parish of Ballidon, I won’t print what some folk call it because of the often wet muddy looped eastern section before exiting the gate at point ‘B’ onto the main road, B5056 Fenny Bentley/Longcliffe. The route is recorded on TW2 as SK2054-02.

The official map is attached, as is a blank UEF. You will need to use that map, even though it has an error on it showing the route from the gate at point B as a straight line. We know it follows the little ‘dog leg section’ going up the hill as shown on my map so simply highlight your actual route on the official map, remembering to mark the location of the two gates too. Do not leave any section/s blank, write N/A to any that you think are not relevant to your use. I have also attached as an example a map showing the actual shape of the route on the ground.

Completed user evidence forms in this instance quoting reference 25358 should before 16th July 2021 be sent direct to DCC at;

[email protected]

and so that we can track progress please send copies to;

[email protected]

Remember, attach a copy of the DCC map (‘consultation plan’ file attached) marked up with the route you rode/drove, and sign both documents.

TTFN.

Hugh.
Ballidon White Edge Consultation plan.pdf
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Mickdb1
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Re: White Edge, Parish of Ballidon, Derbyshire.

Post by Mickdb1 »

Side by side maps = https://maps.nls.uk/geo/explore/side-by ... xsatellite

Why don't they accept older evidence of road status Hugh - Not being critical just inquiring
HTHY good map tool for yer anyway
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Hugh
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Re: White Edge, Parish of Ballidon, Derbyshire.

Post by Hugh »

Greetings Mick,

I was asked a similar question on another website so here is a copy of that reply. I am not a Rights of Way trained legal person but my understanding is that in theory a route becomes a public right of way because the land owner “dedicates” it to the public to freely use and reuse. In reality very few routes have been “dedicated” however the law makes a presumption that if a route has been used without interference for the statute set of time of 20 years then it will be presumed that the land owner had intended to dedicate the route as a right of way. The 20 years period works backward from the date of the claim being made, in this instance 20 years back from 2004. Yes, it really has taken 17 years for this issue to reach even this stage of investigation!

Some of us do stand up and tell of our earlier use, mine goes back to around 1973 but the 20 year rule is the main set criteria.

However, evidence of later use could be considered by the Inspector as supporting evidence especially if that use had not been challenged. Part of our problem is that so few people who rode/drove the routes back then are around or interested in the current situation. The world was a different place back then and provided folk were respectful then there were very few complaints. Now however space is limited, leisure activities changed, land more valuable and most sadly of all folk are less tolerant of each other.

The surface of the route would then be considered to be owned by the highway authority plus the actual air above and the soil below as will be necessary for the control, protection and maintenance of the highway.

When a claim is made by a Definitive Map Modification Order the highway authority looks to find such evidence of actual dedication or claims of presumed dedication. It is important to note that the type of information the County Council can take into account when investigating this statutory application is strictly limited to that which can assist in determining the actual legal status of the route. As a general rule, issues such as privacy, need, environmental amenity or safety are not relevant as to whether a particular status of route does or does not exist.

If such presented evidence is not clear or it is contested then normally the decision is passed to the Public Inspectorate to hold a meeting to listen to all sides and to look at such evidence as might then be presented. The Inspector will make a decision but that could still be challenged by either or all sides if it is felt incorrect, this would probably result in the matter being decided by the High Court at serious costs.

Hope these comments perhaps clear a couple of points for somebody.

TTFN

Hugh.

 
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Paul_C
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Re: White Edge, Parish of Ballidon, Derbyshire.

Post by Paul_C »

I have ridden this lovely route about once a month for the last six or seven years. On the odd occasion I've seen anybody at the farm I've always had my cheery wave returned. I'll complete the form asap.

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