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 Post subject: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Sat Dec 07, 2013 2:45 pm 
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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

Quote:
Dear Mr. Higgins,

Whilst out and about on my perfectly legal off road motorcycle I came across a sign identical to this

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

I have to admit I don’t fully understand what all the wording means but I am guessing it is a long winded way of either downgrading the byway to a bridal way or footpath or doing away with the public right of way completely ?

I wondered if you would be so kind as to explain the wording to me ? and if it does mean what I think it means could you explain to me how I would go about lodging a formal declaration of my disagreement with this proposal ?

Yours sincerely

Adrian Colburn


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


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 Post subject: Re: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Sun Dec 08, 2013 10:35 am 
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Joined: Wed Jul 29, 2009 6:34 pm
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Location: East Sussex
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.

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John Vannuffel

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 Post subject: Re: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Sun Dec 08, 2013 11:53 am 
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Is this sign on a byway? Can you provide a map link


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 Post subject: Re: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Sun Dec 08, 2013 6:44 pm 
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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


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 Post subject: Re: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Sun Dec 08, 2013 9:23 pm 
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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


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 Post subject: Re: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Mon Dec 09, 2013 6:07 pm 
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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


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 Post subject: Re: s31.6 Highways act 1980 Linkenholt Manor Estate
PostPosted: Mon Jul 14, 2014 9:57 pm 
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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...


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