Unrecorded motor vehicular rights were cut off under s67(1) NERCA 2006 subject to exemptions. One of these is where the main lawful use by the public in the years ending on 2 May 2006 was in motor vehicles. Such a claim was made by the off-roaders on Newton Tony 7, a green lane near Andover. For the full story up to Sept 2016, go to the GLEAM Autumn 2016 newsletter at page 3. Then read on here:
‘For the Birds?’ – Final chapter:
The written representation procedure was agreed in place of the public inquiry which saved all parties a great deal in terms of time, trouble and cost. Final statements were invited. GLASS/TRF, having surrendered to the threat of costs, simply left on the table what they had said to date.
The Inspector, Mark Yates, made his order decision on 17 Nov 2016 and this was issued by PINS see https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570529/fps_y3940_8_1_od.pdf. He declined to confirm the (BOAT) order. The result is that, under the provisions of the CROW Act 2000, the status is formally and permanently converted to Restricted Byway status. Although it had temporarily enjoyed that status since 2006, the ‘saving’ provisions of CROWA left the door open because of the BOAT order which was made by WCC shortly before NERCA commencement in May 2006. As that particular slate has now been wiped clean, the primary law change now takes effect.
The full order decision can be read in the link above. GLPG played a very active role both as to arguments, most of which have been adopted (without attribution) in the decision, and also as to guiding the locals as to the manner of providing evidence. We take off our hats to the locals, led by Shane Rutter-Jerome, who inspired a level of participation rarely met.
A very definite and welcome win For the Birds.