HOW TO CLOSE A BOAT Byway Open To All Traffic – its not easy, and any closure may be overturned by change of council, political or legal challenge
This may help explain for a start – also see in our Files https://www.facebook.com/notes/stonehenge-law-planning-library/law-countryside-rights-of-way-act-2000-part-11-relating-to-byways/472639086175876
In the United Kingdom, a byway open to all traffic (BOAT) is a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.
In rural areas such roads can often be unmetalled – when they are known as green lanes. Such roads are lawful highways open to all traffic, although they often have the appearance of being no more than glorified tracks.
LARA – http://laragb.org/
Full info on what BOATS are and how they are managed via the LARA organisation that SGWI liaised with during the public inquiry 2011, on section 2 is the notation of the North Yorks National Parks precedent, which we both used and which the inquiry at Stonehenge reinforced – fundamentally if something is legally open dont expect them all to arrive on foot or bike or horse!!! http://www.laragb.org/an/bestofbyways.pdf
United Kingdom Road Traffic Regulation Act 1984, section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1). Byways account for less than 2% of England’s unsurfaced Rights of Way network, the remainder being footpaths and bridleways.
CROW – 2 May 2006 the Countryside and Rights of Way Act 2000 reclassified all remaining Roads Used as Public Paths as restricted byways. The public’s rights along a restricted byway are to travel:
- on foot
- on horseback or leading a horse
- by vehicle other than mechanically propelled vehicles (thus permitting e.g. bicycles, horse-drawn carriages, to travel along restricted byways)
The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 http://www.legislation.gov.uk/uksi/2006/1177/contents/made
ROW – Rights of Way England and Wales, public rights of way are paths on which the public have a legally protected right to pass and re-pass.
Scotland, a right of way is a route over which the public has been able to pass unhindered for at least 20 years. The route must link two “public places”, such as villages, churches or roads. Unlike in England and Wales there is no obligation on Scottish local authorities to signpost or mark a right of way
HOW TO CLOSE A BOAT – its not easy, and any closure may be overturned by change of council, political or legal challenge
A BOAT may in time become a restricted byway as per the CROW ACT – what has to happen to lose Open to ALL traffic? http://www.legislation.gov.uk/ukpga/1984/27/contents
An explanation is here via the forum of Trail Riders http://www.trf.org.uk/forum/viewtopic.php?f=34&t=1300
SGWI has three arms, Eco and Enviro, Ancient Sacred Sites and Health & Wellbeing for the humans looking after the other stuff!
Full of Stonehenge related documents, articles, videos and maps – set up after the 2009-11 Public Inquiry when Wiltshire CC tried to prevent vehicles accessing the droves, which are Byways Open To All Traffic and remain so now.
The tunnel consultation threatened to prevent vehicle access on the whole Stonehenge area unless farm or athorised, we will challenge that as there are precedents to uphold our right of amenity to use and drive along the byways
Law – Countryside & Rights of Way Act 2000 + Part 11 relating to byways
Countryside and Rights of Way Act 2000 CROW
This is the section relating to changes in regulationms of droves, byways and rights of way – also see in our Files https://www.facebook.com/notes/stonehenge-law-planning-library/byway-boats-drove/434284746677977
If you look at section 5 Miscellaneous, 1. 66. Making of traffic regulation orders for purposes of conserving natural beauty, etc. you will see its similar to the reason for the Traffic Regulatory Order attempt in Oct 2011 which resulted in the Public Inquiry Decision that a BOAT and vehicular usage superseded perceived improved views!
Part II Public rights of way and road traffic
1. Public rights of way and definitive maps and statements
1. 47. Redesignation of roads used as public paths.
2. 48. Restricted byway rights.
3. 49. Provisions supplementary to ss. 47 and 48.
4. 50. Private rights over restricted byways.
5. 51. Amendments relating to definitive maps and statements and restricted byways.
6. 52. Restricted byways: power to amend existing legislation.
7. 53. Extinguishment of unrecorded rights of way.
8. 54. Excepted highways and rights of way.
9. 55. Bridleway rights over ways shown as bridleways.
10. 56. Cut-off date for extinguishment etc.
2. Creation, stopping up and diversion of highways
1. 57. Creation, stopping up and diversion of highways.
2. 58. Application for path creation order for purposes of Part I.
3. 59. Effect of Part I on powers to stop up or divert highways.
3. Rights of way improvement plans
1. 60. Rights of way improvement plans.
2. 61. Rights of way improvement plans: supplemental.
3. 62. Application of ss. 60 and 61 to inner London.
4. Removal of obstructions from highways
1. 63. Enforcement of duty to prevent obstructions.
2. 64. Power to order offender to remove obstruction.
3. 65. Overhanging vegetation obstructing horse-riders.
1. 66. Making of traffic regulation orders for purposes of conserving natural beauty, etc.
2. 67. Prohibition on driving mechanically propelled vehicles elsewhere than on roads.
3. 68. Vehicular access across common land etc.
4. 69. Erection or improvement of stiles, etc.
5. 70. Minor amendments.
6. 71. Reports on functions relating to rights of way.
7. 72. Interpretation of Part II
click here for Agenda to next RT meeting to add items to discuss
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19-21 June 2018
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