Synopsis: Norfolk County Council want to put a BOAT through my garden in Thompson! And in case anyone is wondering what a BOAT is, it is a Byway Open to ALL Traffic. A road!
Case: Norfolk County Council Modification Order
Location: Pockthorpe Lane
Commencement Date: 2018
No one wants or needs a BOAT of course. Everyone is going to demand a life jacket if the order succeeds! Pockthorpe Lane is Three metres wide.When it reaches my garden it stops. The BOAT would be destined to bulldoze its way on through an ancient wood and through a peaceful field of sheep. I doubt any residents of the narrow lane will welcome extra traffic, particularly motorbikes and 4×4’s
After a few hundred yards through the ancient wood and field traffic could turn left or right at Sparrow Hill Merton. Left would take them a little way down the road to reach Peddars Way ( this section a public footpath, not for vehicles).
Turn right and a two minute drive would take traffic back to the road and Pockthorpe Lane from where they had just come. Let’s just hope the traffic has room to pass when going both ways. Cross fingers that there are not too many equestrians, cyclists and walkers to contend with either.
- There never has been a road.
- There is no proof of adoption, dedication or maintainance.
- it is NOT on the definitive map.
- A full solicitors search in 1998 revealed nothing.
- The NERC ACT says, that by law, a claim cannot be made if a BOAT is not on the definitive map or the current list of streets in 2006.
The current situation
After five years Norfolk County Council have made an order. They must now send the order to PINS ( planning inspectorate). They are still unsure of their grounds as further legal advice has been sort. We all await with bated breath! However, don’t hold your breath too long as Norfolk County Council can take as much time as they like to do this!
Of course,I may be dead before this is over.
I will keep you posted! ( if I can!)
A significant development in that the Order has been sent to the Planning Inspectorate. My advisors have suggested to Norfolk County Council that they should quash their own Order. As well as being unlawful it could also possibly be void. The Legal Dept is ‘considering’……….
The Legal department is……….still considering!…..but……we are aware that Norfolk County Council received their ‘bundle’ back from PINS a couple of weeks ago! We may know more on Monday. ( not quite sure which Monday but I remain ever hopeful!)
21st May 2019 This Monday has come and gone!
26th May 2019 on Friday we have a reply. Basically NCC say that the claimed BOAT was on the List of Streets in 2002.
We say it wasn’t and you didn’t put it on there until 2016. (you can’t claim a BOAT by law if it was not on the list of streets in 2006!). We reply.
26th May No reply as ‘legal’ has gone on holiday.
8th June We receive the ‘evidence’ bundle from NCC.
15th June We are still waiting for NCC to come clean about when ‘the track’ was added to the current List of Streets.
8th July To round off this particular Friday, I hear from my advisor that NCC have decided to ignore all law, common sense, duty to the public purse and expert opinion to boldly carry through their flawed order.
This is going to be a bumpy ride. Hang on to your hats!!!