Adding a bridle way...
 

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Adding a bridle way…experiences please?

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asking for assistance from anyone who has experience with ROW.

I applied for a bridle path to be added along the line of an old railway line and just received the officers report supporting the application. The landowners (one of the biggest private owners in the country) have submitted their response disputing the claim. The report is due to go to the ROW committee imminently. If it is approved can it be appealed by the landowner? Is there any organisations that can help with legal assistance (the response is full of legal jargon) and does anyone have experience of dealing with this?

 
Posted : 11/11/2023 12:45 pm
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Sounds like the kind of thing Cycling UK would be interested in. They've produced quite a few long distance cycle routes in the last couple of years, I imagine they are well versed in this kind of process.

 
Posted : 11/11/2023 12:55 pm
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Best of luck!

It will take years and years and the land owner will use every weapon at their disposal to deny it. I'm not sure, but I think they all have to be dealt with in order and most RoW officers have a backlog of claims and disputes to deal with.

You will also have to provide some evidence that the path/BW has been used previously.

We have a similar case here with the land owner denying that there ever was a legal right of way. Plenty of evidence of the track being used for at least 100 years, including the former owner of the farm stating that it was never part of the farm anyway and the woodland was FC land. Add a bucket full of intimidation by the landowner into the mix.

Seven years and counting . . .

 
Posted : 11/11/2023 1:12 pm
kelvin and kelvin reacted
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It wasn't formerly a RoW, so you might find it tough to go along the conventional route of trying to get it upgraded.

My feeling would be that unless it is a very short section linking other RoWs, you'd need a proper plan to win over the local authority so that they are the ones pushing it/negotiating with landowners etc.

I don't suppose you've considered trying to get the landowner to make it a permissive BW?

Round here, the local toy railway enthusiasts are trying to stop what would be a prime multi-use trail in a stunning location by claiming that at some point they can re-open it as a rail line. Which will never happen.

 
Posted : 11/11/2023 1:42 pm
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Which ever county you are in must have a government appointed countryside access forum. ( i am in the Surrey one)

They are made up of local interested people- ramblers, horse riders, motorcyle trail riders, and countryside officers.

You should find them very sympathetic towards helping you with local knowledge etc, and supporting your application.

 
Posted : 11/11/2023 2:57 pm
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How likely to succeed is it to make an application to upgrade a footpath to a bridleway?

The path in question is a wide, mostly gravel, double track over private moorland. There's regular conflict from the landowner (or his/her stooges) chasing bike riders off the Moor on their quad bikes, and I (and sure many others) would love to see cycling legitimised. 

 
Posted : 11/11/2023 5:10 pm
kelvin and kelvin reacted
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Byways and Bridleways Trust.

 
Posted : 11/11/2023 6:54 pm
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Sustrans? Not sure where their remit lies, but they seem to do a cracking job.

 
Posted : 11/11/2023 7:02 pm
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Hi Scrabble, you don’t say what the basis for your claim is- is it that you think it’s an ancient bridleway which never got recorded or are you applying because people are currently using it as such and have done so “as of right “ for 20 years or more? If the first, I assume you have shown some evidence to the RoW officer who agrees with your assessment. If it’s the latter, it’s now much easier than it used to be as you can use social media to appeal for other users to come forward to support your claim. I have also seen Strava stats successfully used to support your claim.

Either way it will have to go to a council committee. If they decide in your favour the landowner (or anyone else) can object and it will go to a public inquiry for an inspector to determine.

Your best bet is to talk to the British Horse Society who are currently firing on all cylinders submitting applications ahead of the 2026 cutoff date (now delayed) so will be in a great position to help if your application has merit.

 
Posted : 11/11/2023 7:22 pm
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The Ramblers have ROW legal experts usually in most areas.

 
Posted : 12/11/2023 5:11 pm
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They are made up of local interested people- ramblers, horse riders, motorcyle trail riders, and countryside officers.

You forgot the landed gentry, land owners, stooges for the Country Landowners  Association (paid to attend) and Farmers, whose sole reason for being on the Access forum is to limit access in my experience and question every decision right down to missing commas on the minutes of the last meeting.
Marko (ex LAF member).

 
Posted : 12/11/2023 7:01 pm
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Round here, the local toy railway enthusiasts are trying to stop what would be a prime multi-use trail in a stunning location by claiming that at some point they can re-open it as a rail line. Which will never happen.

martinhutch might that be the old branch line from Garsdale Head to Hawes by any chance? 

 
Posted : 12/11/2023 8:42 pm

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