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Byway closed without notice?

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adengtg
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Joined: 02 Sep 2017
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PostPosted: 20:40 - 08 Aug 2018    Post subject: Byway closed without notice? Reply with quote

Went down to my local byway to do a bit of filming and found that a large log had been placed in front of the gate. The byway is listed as a B.O.A.T by the local council and is clearly marked by a sign yet it has been blocked off. The log is only placed across the vehicle gate and not the footpath gate. I am 99% sure it was the farmer who owns the adjacent fields and not the council as no notices or other signs are present and it seems like the council wouldn't be bothered enough to go shifting a massive log in front of the gate when it could just be padlocked. I should add that the byway is in pristine condition without deep vehicle tracks and rubbish so i see no reason for it to be closed

As its the only byway for miles around it really pisses me off that its now blocked. Is this actually allowed by the council as its still listed as a public route or is it under the farmers jurisdiction? Is there anything that could actually be done such as reporting it or is it just closed forever?

Thanks for the help.
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Ste
Not Work Safe



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PostPosted: 20:58 - 08 Aug 2018    Post subject: Reply with quote

Is this the same crappy byway that you've posted about previously?

If it's in pristine condition without any vehicle tracks then it's even worse than last time you post about it. Razz

Anyway, to answer your questions, farmers aren't allowed to block off public roads. Farmers do not have the power to decide that a road should be "closed forever". Laughing

For reporting it, the Rights of Way Officer at your local council would be a good place to start. You could also look on their website to see if the byway currently has a TRO on it (traffic restriction order).
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Kentol750
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PostPosted: 21:37 - 08 Aug 2018    Post subject: Reply with quote

You could also go on the trf website and find out who your local rep is and let him know.
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thx1138
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PostPosted: 21:44 - 08 Aug 2018    Post subject: Reply with quote

you, probably have a rebuttable presumption of vehicular rights, how are your log hopping skills?
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adengtg
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PostPosted: 22:06 - 08 Aug 2018    Post subject: Reply with quote

thx1138 wrote:
you, probably have a rebuttable presumption of vehicular rights, how are your log hopping skills?

Not good enough
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adengtg
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PostPosted: 22:15 - 08 Aug 2018    Post subject: Reply with quote

Ste wrote:
Is this the same crappy byway that you've posted about previously?

If it's in pristine condition without any vehicle tracks then it's even worse than last time you post about it. Razz

Anyway, to answer your questions, farmers aren't allowed to block off public roads. Farmers do not have the power to decide that a road should be "closed forever". Laughing

For reporting it, the Rights of Way Officer at your local council would be a good place to start. You could also look on their website to see if the byway currently has a TRO on it (traffic restriction order).


Been on the council website and checked, there arent any TRO's for this so i guess i'll report it like you suggested.

By "Pristine" i meant that there arent tracks going all over the place or going onto the farmers private land or deep ruts, just straight so its obviously not been abused. Its only a dirt/gravel track but its all ive got so it will have to do. As boring as a byway can get but, there are no other options.
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adengtg
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PostPosted: 22:17 - 08 Aug 2018    Post subject: Reply with quote

Kentol750 wrote:
You could also go on the trf website and find out who your local rep is and let him know.


Ive not joined the TRF yet. Will do when i have the money but that won't be for a while.
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trevor saxe-coburg-gotha
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PostPosted: 05:48 - 09 Aug 2018    Post subject: Reply with quote

You'll probably find there's a TRO on it. I.e. traffic regulation order.

I'm not still in the trf but I get emails from my local group and I get info on tros all the time.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 06:59 - 09 Aug 2018    Post subject: Reply with quote

adengtg wrote:
By "Pristine" i meant that there arent tracks going all over the place or going onto the farmers private land or deep ruts, just straight so its obviously not been abused. Its only a dirt/gravel track but its all ive got so it will have to do. As boring as a byway can get but, there are no other options.

There are other options than just this one straight and flat boring byway.

I'm sure we've had this conversation before and I provided you with links to maps showing better byways in your area. Wink
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weasley
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PostPosted: 07:58 - 09 Aug 2018    Post subject: Reply with quote

You could report it on fixmystreet.com.
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weasley
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PostPosted: 08:04 - 09 Aug 2018    Post subject: Reply with quote

You could report it on fixmystreet.com.
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doggone
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PostPosted: 08:11 - 09 Aug 2018    Post subject: Reply with quote

Is this that one above Boltby Bank, I think it has been closed a while except for field access.
There's a notice at the southern end, didn't read it properly.

It's understandable TBH when you see the issue with over-used sections, but it annoys me they like to emphasise damage by bikes when the far more is done by groups of 4x4 who seem to delight in using them when the local traffic would avoid it, then making big ruts or getting stuck.
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Ste
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PostPosted: 09:09 - 09 Aug 2018    Post subject: Reply with quote

Tractors make a lot more mess than 4x4s do. Razz
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Fizzer Thou
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PostPosted: 22:08 - 21 Aug 2018    Post subject: Reply with quote

If there is a substantial obstruction across the entrance to the lane which also stops other users from accessing the BOAT,then the obstruction is illegal.

If there is an official TRO on the lane then there MUST be a flying motorbike over a car round sign notifying that the lane is TRO'd.Should either sign disappear,then the TRO Order ceases to be in effect from that direction.

Councils cannot apply TROs without due procedure.This costs a LOT of money,upwards of £10k+.

If there is a notice at one end,have a good read.If it is a notice put up by the Council notifying an intention to TRO,there is normally a consultation period.This is when the Council can and do get a bit sneeky.Sometimes a notice of intention to TRO can and does get posted halfway along the route.But the notices are supposed to be displayed at each end of the route.The notice of intention is also supposed to be in the local Council office,maybe on the Council website and in the local paper under Council notices.This is another reason why TROs cost a LOT of money.

Have a chat with the local Ramblers Association and the local British Horse Society.If their route along this BOAT is blocked,it will add weight to your argument that the lane has been blocked illegally by whoever placed the obstruction there and the Council has a duty of care to remove it should the farmer not choose to do so.The Council can then apply for costs for the work to be done.

The local TRF Group Representative will be only too pleased to help in situations like this Thumbs Up Wink
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Ste
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PostPosted: 22:22 - 21 Aug 2018    Post subject: Reply with quote

The easy answer is to go around or over the obstruction. Mr. Green

I expect by now the log will have been moved by some helpful 4x4 drivers.
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thx1138
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PostPosted: 23:18 - 21 Aug 2018    Post subject: Reply with quote

Fizzer Thou wrote:
If there is a substantial obstruction across the entrance to the lane which also stops other users from accessing the BOAT,then the obstruction is illegal.

If there is an official TRO on the lane then there MUST be a flying motorbike over a car round sign notifying that the lane is TRO'd.Should either sign disappear,then the TRO Order ceases to be in effect from that direction.

Councils cannot apply TROs without due procedure.This costs a LOT of money,upwards of £10k+.

If there is a notice at one end,have a good read.If it is a notice put up by the Council notifying an intention to TRO,there is normally a consultation period.This is when the Council can and do get a bit sneeky.Sometimes a notice of intention to TRO can and does get posted halfway along the route.But the notices are supposed to be displayed at each end of the route.The notice of intention is also supposed to be in the local Council office,maybe on the Council website and in the local paper under Council notices.This is another reason why TROs cost a LOT of money.

Have a chat with the local Ramblers Association and the local British Horse Society.If their route along this BOAT is blocked,it will add weight to your argument that the lane has been blocked illegally by whoever placed the obstruction there and the Council has a duty of care to remove it should the farmer not choose to do so.The Council can then apply for costs for the work to be done.

The local TRF Group Representative will be only too pleased to help in situations like this Thumbs Up Wink


What he said. Plus, it might be worth contacting the Local Access Forum for the local authority. https://www.gov.uk/guidance/local-access-forums-role-of-the-local-authority
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