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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Wed Oct 02, 2013 7:15 pm 
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Just to clarify. Have the authorities taken the BOAT claim to its conclusion and this is the result? Or have I missed something? This way is clearly signposted as a UCR (or NCH in Derbyshire parlance) on signs on the lane itself. Anyway objection sent.


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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Wed Oct 02, 2013 7:32 pm 
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Just sent objection .

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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Wed Oct 02, 2013 8:12 pm 
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Objection sent

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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Wed Jan 01, 2014 11:48 pm 
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So,amyone know the outcome?

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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Thu Jan 02, 2014 2:09 pm 
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2002r1jon wrote:
So,amyone know the outcome?


The status of the lane is still being contested and because of this it is still open to ride, and will be ridden by me at some point this weekend :D


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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Tue Feb 04, 2014 7:20 pm 
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Received a reply today to my objection with a (standard) letter attached. Basically it seems to say you objection will not be considered as there are a set of specific points only allowed to be considered, and I did not meet these criteria

To Be Considered:-

The existence of the way - for example documentary evidence which shows that a Right of Way for the public exists, or a history of use by members of the public, sufficient to show that a public right of way exists;

The status of the way - whether there is evidence to show that the way has been used by people on foot, horseback, bicycle or with motor vehicles and if so what the nature and extent of that use is; and

the precise route or width of the way

Not to be Considered:-

The wildlife and countryside act 1981 is concerned solely with ascertaining the existence of rights. It does not allow the Inspector to take into account issues such as the unsuitability of the way for use by the public or the effects the way might have on the environment or on the amenities in the area if the order is confirmed. .................. He or she {the Inspector} will not consider evidence relating to the unsuitability of the claimed way, unless it also provides details of the current, recent or past usage of the route


As i am fairly new to riding in the Peak District, I am not in a position to supply evidence of previous usage - is this something anyone else can evidence (and within 14 days form letter dated 3 Feb 2014)?

if you want a copy of the full letter let me know ~ it came as a PDF

thanks Will


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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Tue Feb 04, 2014 7:29 pm 
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willb wrote:
Received a reply today to my objection with a (standard) letter attached. Basically it seems to say you objection will not be considered as there are a set of specific points only allowed to be considered, and I did not meet these criteria

To Be Considered:-

The existence of the way - for example documentary evidence which shows that a Right of Way for the public exists, or a history of use by members of the public, sufficient to show that a public right of way exists;

The status of the way - whether there is evidence to show that the way has been used by people on foot, horseback, bicycle or with motor vehicles and if so what the nature and extent of that use is; and

the precise route or width of the way

Not to be Considered:-

The wildlife and countryside act 1981 is concerned solely with ascertaining the existence of rights. It does not allow the Inspector to take into account issues such as the unsuitability of the way for use by the public or the effects the way might have on the environment or on the amenities in the area if the order is confirmed. .................. He or she {the Inspector} will not consider evidence relating to the unsuitability of the claimed way, unless it also provides details of the current, recent or past usage of the route


As i am fairly new to riding in the Peak District, I am not in a position to supply evidence of previous usage - is this something anyone else can evidence (and within 14 days form letter dated 3 Feb 2014)?

if you want a copy of the full letter let me know ~ it came as a PDF

thanks Will

Me too same email.
Im fairly new also so cannot help although i replied stating my dad used the lane in the 70s and his dad before that :D


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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Tue Feb 04, 2014 8:21 pm 
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Yep same e-mail for me , meaning we still have time to object can someone draft some points and I will copy them to my original e-mail.
Thank you,
Nev.


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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Wed Feb 05, 2014 9:31 pm 
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Got a similar letter and replied:

Thank you for your letter. I would like to advise you I intend to
continue my objection as I believe it is relevant to the facts the
inspector must consider.

The order if made in my opinion will wrongly record the status of the
route as bridleway, where it is currently in my understanding an
unclassified road. As such I believe it has it has a long history of
vehicular use, but I have only used myself once in 2012 in a motor
vehicle. Being classified as it is there is no benefit to this order
other than to create confusion amongst the public as to its status. If
the authority wishes to add it to the DM better it be as a BOAT so its
classification although dual status will be equivalent and not create
confusion and the potential for conflict over its use. This constitutes
the written representation I would like to make to the inspector for
consideration.

Not sure if this will be accepted or hold much merit?

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 Post subject: Re: Black Harry Lane, Stoney Middleton, Derbyshire.
PostPosted: Thu Feb 06, 2014 12:30 am 
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Excellent reply, if we all write something similar then at least we will show the amount of feeling.

Your reply only needs simple points, no embellishments, no exaggerations, do not tell lies, if you can not remember dates simply say so eg "I rode the lane a couple of times during 1978 etc". Remember that the countryside virtually shut down from February to September back in 2001.

We must record our opposition to their discrimination irrespective of what they want to hear :!: All it costs is 10 minutes of your time, a piece of paper, an envelope and a postage stamp :?:

At present the lane does not have any form of TRO and until such time as there is one we can still ride it, so get out there while you can ;)

Hugh.

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