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Contentious Issues

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5 year main use to May 2006 case by GLASS/TRF defeated at Newton Tony, Wilts - Nov 2016

Action by GLPG to reduce the impact of off-roading - April 2016

‘Winchester’ case: TRF dreams shattered as minor victory narrowly won in Dorset case - March 2015 updating the website report in Feb 2014

TRF appeal against inspector’s bridleway decisions on Peak District green lane lost in the High Court - March 2015

Inquiry procedures and ‘duly made’ objections - November 2014

Deregulation Bill – amendment proposed to classify unsealed Unclassified County Roads as Restricted Byways - October 2014

Icknield Way – section of ancient way saved from ruin - April 2014
Final decision awards bridleway status to a section of this well known ancient cross-country route after an interim decision allowed a BOAT. GLEAM members object and secure a reversal.

Scale of Application Maps – Dorset CC obtains Supreme Court permission to appeal - Update February 2014 but see update March 2015
Against the TRF, GLPG wins Round 1 in Buckinghamshire, Round 2 in Dorset and Round 3 in the High Court. Round 4 goes to the TRF in the Court of Appeal. Round 5 goes to Dorset CC in winning consent from the Supreme Court to challenge the judgment.

Chapel Gate – TRF wins ‘hollow victory’ in the Peak District - January 2013
TRF overturns an Experimental TRO in the High Court, winning a potentially hollow victory.

Somerset TRF’s hand smacked on NERCA error; off-roaders fined heavily - Update October 2012
Vehicular use of RBs is a criminal offence, irrespective of outstanding claims, including those based on the 5-year user test. Off-roaders fined heavily

Does a s53 application need to be compliant to ‘bring into question’? - August 2012
Defra changes its mind to a view with which the Blue Book disagrees. GLEAM now shares the Blue Book view.

Defra consults as to Rights of Way claim procedures - August 2012
GLEAM makes a positive contribution

List of Streets Exemption - update April 2012
What is a valid List of Streets under the NERC Act? The Appeal Court considers

Walna Scar Road – Restricted Byway Confirmed - update January 2012
TRF surrenders in the Lake District - Pre 1930 motor rights claim thrown out

Garburn Pass – Restricted Byway confirmed - update January 2012
TRF defeated in the Lake District - Pre 1930 motor rights claim thrown out

The Winchester Case + Maroudas - update February 2012
Update notes on R (oao Winchester College and Humphrey Feeds Ltd) v Hampshire CC and SoSEFRA, enhanced by Maroudas v SoSEFRA

Inspector Practices - update January 2011
Guiding the Planning Inspectorate

Yorkshire Dales National Park reinstates quashed TRO - update July 2010
Park Authority reverses legal setback on Traffic Regulation Orders

All identified evidence must be copied - June 2010
Applicants cannot select for copying purposes items of the evidence identified as being those which they "wish to adduce"

Making good applications with no identified evidence/list/date/signature - update March 2010
Defective BOAT claims - Maroudas appeal tightens the Winchester screw

Public Nuisance destroys BOAT arguments - February 2010
BOAT arguments founder due to aggressive off-roading

Authority’s application to itself - May 2009
Nottinghamshire County Council faces both ways on Winchester

Enforcement difficulties - update May 2009

Interpretation of legal points individually by inspectors - January 2009
An inspector introduces and wrongly decides a NERC Act point without reference to the parties

The 5-year mpv Main Lawful User Test - update February 2012
Interpretation evolves

Inspector Powers - June 2008
Inspector powers as to NERC Act exemption

Copies of documentary evidence - June 2008
What is a copy?

Unfinished earlier claims - February 2008
Must claims have been “outstanding” at May 2006 to gain exemption?

BOAT Cul-de-Sacs
West Berkshire’s initiative on cul-de-sac signs