Sunday 12th Today started with the discussion ( by email) of the huge increase in claims of Restricted Byways. There is rather an anomaly here as Restricted Byways originally came about as a legal way of reclassifying RUPP’s ( Roads Used as PublicPaths). The discussion has yet to come to a satisfactory conclusion as to if a modification order can solely claim a NEW Restricted Byway. Legislation might help!
Here is the policy for the legislation which seems to be all about reclassifying RUPPS
Monday 13th More discussion ( by email) .Some interesting comments. “ A challenge should be mounted as to whether Parliament actually has the power to say “All RUPPs are now Restricted Byways” sidestepping and over ruling the law which said “exclusive ” to RUPPs. [Section 54 should Reclassify RUPPs to determine the precise rights that exist.]
As a result The landowner has to prove that “public vehicular rights DO NOT EXIST ! ( It is impossible to PROVE a Negative, )”
1. A RUPP is Added to the Def Map without notification to the landowner.
2. The County Council has to prove that vehicular rights “have been shown to exist”…… [Section 54]….
3. They Unilaterally say “now all RUPPs are Restricted Byways [This did not featured in 1949 legislation]
Yet the burden of NEGATIVE PROOF has been shifted onto the landowner!!!!
Tuesday 14th Heard about an interesting senario today. The events are as follows;
- Avon CC resist a claim of BOAT.
- The Inspector decided that it WAS a BOAT refusing evidence (physical demonstration) that it was impossible to get a horse and waggon up the steep tortuous route.
- For several years North Somerset make expensive attempts to make it “passable” but everything they do gets washed away!
- The sign which said “BOAT” has suddenly been changed to say “Restricted Byway” !
- Has there been a LEGAL Proceedure?
- This could be interesting.
Wednesday 15th An observation:
“Interesting how those objecting to orders and inspectors decisions can bring forward the most dubious evidence which is treated with serious consideration…….yet when the boot is on other foot, quality research and hard evidence is pushed aside!!!!”
Thursday 16th I write the WARNING to landowners!
Friday 17th My advisor emails James ( Legal Beagle of Norfolk County Council who sends a plethora of emails filled with inspirational reasons as to why he hasn’t yet dealt with anything!).
My advisor actually gets a reply!!!!!!yea!!!!!
Ah, it says he’s still thinking……😴….BUT……he will reply on Monday ( I wonder which one!). He does,however, mention that Lawrence has received a reply from PINS…….ooooooo…….Now, that could be REALLY interesting. Poor Lawrence, I fear that he could be just a little ‘out of his depth”……..better listen to James!!!( that’s assuming he has actually grasped just what the LAW says!) oh well, bated breath again. I am beginning to go blue in the face after FIVE years!
Saturday 18th possibly some of us are beginning to lose ‘the plot’ and have started writing jolly little ditty’s about ‘death by email’!
Catch you again next week ( well, at least if there is anyone to actually catch!!)