TRF Forums

Hya,

Whilst out and about I came across this sign
http://www.westberks.gov.uk/CHttpHandle ... =24046&p=0

Now I am not totally sure what it means but here is a copy of the e-mail I sent



Would someone care to explain this sign to me and give me any guidance on how to contest it if it is what I think it ?

Many thanks

Ade

There is no mechanism to challenge a s.31.6 deposit.

s.31.6 are a tool that can be used by landowners to indicate a lack of intention to allow the public to accquire rights by virtue of use (deemed dedication).

This means that a landowner can deposit a s31.6 for example that admits a footpath, and then allow bicycles to use the route without it creating a restricted byway. Without this there would be a lot less access as landowners couldn't allow informal use without it creating new rights.

s.31.6 deposits are without prejudice to the possibility that rights had been accquired before the deposit was made.

They aren't much cause for concern.

Is this sign on a byway? Can you provide a map link

Hya,

There was a map with the sign and yes it was on a byway

The map is visible if you click on this link and scroll down.

http://www.westberks.gov.uk/CHttpHandle ... =24046&p=0

Cheers

Ade

Oh . didn't notice the map.
That byway looks like a dead end to me, how does it link to the ORPA?
Don't really understand what the landowner is doing, apart from trying to prevent any new rights being accrued through use.
But you can't accrue a right if the use was illegal any way.
I would be interested in the response you get

Dear Mr Colburn,

thank you for your email. I attach a copy of the plan and notice you saw on site (I erected the notice/s you saw).

These notices are part of new Regulations that have come in, that require us to display site notices when a landowner submits a section 31.6 Highways Act 1980 statement or declaration.
It can sometimes be the case that, by using a particular route for, e.g. 20 years, the public's use can give rise to additional public rights of way. This legislation is a way by which the landowner can show that he/she does not intend to dedicate any such new public rights of way on their land. It does not have any effect on the existing Public Rights of Way.

We have a webpage on the legislation if you are interested: http://www.westberks.gov.uk/index.aspx?articleid=16220

I hope this is useful - please let me know if you have any queries or need any more information,
Stuart Higgins
Definitive Map Officer
Countryside, West Berkshire Council, Market Street Newbury RG14 5LD
(01635) 503251 | Ext 3251 | shiggins@westberks.gov.uk
www.westberks.gov.uk
Public Rights of Way mapping/route information: http://www.westberks.gov.uk/index.aspx?articleid=15666

I suggest that all such notices are reported to your group RoW Officer. Post NERC this shouldn't be a problem for TRF as any MPV rights will have been extinguished - probably...