Monday 29th I receive a reply from Lord Gardiner of Kimble (Parliamentary Under Secretary of State for Rural Affairs and Biosecurity). Lord Gardiner is the Minister responsible for rights of way policy!
He explains, in his letter, that when the Deregulation Act 2015 is actually implemented, I will be able to apply to extinguish or divert a footpath or bridleway.
- He doesn’t mention what you do if there is a modification order for a BOAT through your garden!
- He doesn’t mention what you should do if there isn’t actually a right of way which currently exists. Presumably you have to agree that one exists before you can apply to have it diverted or extinguished ( on paper of course!)
- Ah, just noticed a little fly in the ointment. THE OUTCOME CANNOT BE GUARANTEED.
Tuesday 30th So just how does that assist me? Am I expected to say “ ok then, you’ve hounded me for six years claiming that a road goes through my garden so now that you are ALLOWING me to ASK for a diversion ( which you may or may not agree to)I will now agree with you that a road exists.
( I don’t think that even if I went to specsavers I would have missed that happening in the Forty years I have lived here!)
Wednesday 31st This never never land of deregulation is destroying the lives of people that are forced to defend their homes with limited resources against fully tooled up and bottomless pits of public cash.
Far better that before any claim involving months or more likly years of heart ache the first question should be asked..
If this wasn’t recognised as a public path in 1949, when the system required full investigation (as directed by the OSS et al guidance) and omission of routes could have been challenged then why on earth do they think that more routes (even if they do exist in this fictional concept if once a highway always a highway) are actually needed if they haven’t been needed for 70 ****** years!!!
Thursday 1st So, is there any ‘guidance’ for NOT actually claiming a right of way ( which does not exist) through a family garden??????
Friday 2nd Lord Gardiner also states “Guidance will encourage local authorities to remove public rights of Way wherever possible from premises where privacy, safety, and security are of a significant concern, including family gardens and working farmyards”
It would seem to be a complete waste of thousands of pounds, funded from the public purse, to claim something which ‘guidance suggests needs ‘removing’ not ‘instating’.