Looking
back through my scrapbook of press cuttings of yesteryear I am struck at how
few of those battles to keep open green lanes 25 years ago has resulted in them
being opened up in 2008 for todays trail riders.
I
used the press a lot in those days. Sometimes a useful ally and not
automatically against.
For
example the usually pro RA Guardian newspaper on 3 Aug l981 welcomed the
decision of the Conservative Govt to allow trail riders to enjoy all their
rights in the new Wildlife and Countryside Act just passed. A
pro trail riding news story not seen since for many a year.
We
can all learn from the past. From a Yorkshire paper in August l979
I read my old press cutting, "Barbed wire bars the way" "A
footpaths campaigner is demanding action from South Yorkshire County Council to
unblock a Sykehouse green lane that he says is a public right of
way"
"
Mr Brian Thompson of the TRF is now going to complain to the Local Ombudsman if
the council does not remove barbed wire on Brown Syke Lane,nr
Doncaster."
Sadly
this quiet green lane is still fenced off in 2008.
With
hindsight I should have got the TRF to prosecute the farmer and not relied on
the naive believe that claiming it Byway would have resolved the problem
peacefully. Little did I ever think that 24 years later the claim is
still to be decided and with the Winchester case may end up as a bridleway or
Rest Byway.
The
other headline in the papers was a story from the seventies when I
cut my teeth on rights of way work was in l976 ,"MP heads test
hike
on keep out path"
I
was branded "The Robin Hood of Edlington Wood" by the Doncaster
Gazette with a big front page story and photos. I wanted some direct
action so backed by the Byways and Bridleways Trust I organised a demo
walk and got local MP Dick Kelley,8 Parish Councillors and 65 villagers from
Edlington to confront the landowners who had locked gates to stop access to
drives through the wood enjoyed for 200 years.
I
raised a petition with 5000 signatures to demand the council take
action. Two UCRs on either side went up to the woods and then
stopped leaving a blank in between. Very odd and it looked as
if the middle section in the woods had been erased from the UCR map
!
I
reckoned a public demo walk would settle matters. Came the big day. The
press were alerted.
The
police were on hand to prevent violence. The test hike was met at the gates
by the landowner a Mr Phillip Lanni on horseback with his lawyers in Land
Rovers and five unpleasant barking dogs.
Angry
words were exchanged but the presence of the Member of Parliament
helped persuade the owner to allow us to enter the woods and walk the forest
tracks. The MP told the press that he will be pressing the council to
take action. I thought what a good days work. The tracks would soon
be opened up now!
And
in 2008 ? Edlington Woods is STILL without a
single public right of way. Those 5000 villagers who signed my
petition in l976 are still denied their ancient rights. My claim for
Byway is still waiting to be dealt with !
The
demo walk and MPs backing was all a waste of time.
However
by l988 I was beginning to learn a harsh rights of way lesson. Do not rely on
councils !
High
Ealand Road is a 1780 green lane in South Yorkshire nr Thorne.
In
l985 the farmer padlocked a field gate stopping everyone including trail
riders.
I
urged the council to take action but nothing happened.
By
l988 the TRF backed legal action which cost the TRF £250. I briefed a
Doncaster Solicitor and instructed him to issue a summons against the farmer in
Thorne Magistrates Court. Hey presto this concentrated his mind
beautifully and he then removed all obstructions.
A
successful outcome NOT relying on the highway authority, but by taking
direct action according to law in the courts. The resulting headlines in the
Doncaster Star said "Dust settles over row for use of footpath" All
user groups horse,cycle and walkers praised the TRF for taking legal action.
I
should have asked for costs but was well satisfied that justice had been done.
Lesson
here is that legal action in the courts is the only sure way to deal with
illegal
obstructions. Theres no guarantee the courts will convict, but usually
just the threat of action is sufficient to show that we are serious and
not just relying on words. Relying on the claiming process has proved
false and led to decades of delay.
In both
the Brown Syke Rd and Edlington Woods cases the status was non definitive
and I would have had to prove the right of way existed. But I had done
plenty of research and was confident the evidence I had would be accepted by a
court.
Now
in 2008 near Harrogate the TRF is again facing a similar challenge.
Two
green lanes Riffa Lane and Haddock Stones Lane are Unclassified County Roads on
the List of Streets.
Both are wilfully
obstructed by a fence and a stile.
North
Yorkshire County Council refuse to carry out their duty in Highways Act l980
Section 130.
Another
challenge for the West Yorkshire Group presently surveying all unused UCRs
covering a vast area of North Yorkshire outside the national park.
How
many more obstructed UCRs will the TRF surveying team find ?
Watch this space !
I
am always willing to help and advise any TRF group or member contemplating
taking direct action in order to remove obstructions on green lanes.
BRIAN
THOMPSON 27 JUNE 2008