Says Naomi Smith
It is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more
Horse riders raise concerns after tarmacking of bridleway
"Riders be warned. By tarmacing the bridleway, the Council's actions mean that motorist/biker may now use it and plead mitigation if approached. "
Says Tony Barnett
Rights of way for the public to use for air and exercise has changed since the 2006 common act, access used as of custom was repealed, rights to enclose,repealed, the construction of new access points, prohibited, the upgrading/development of existing rights of way are prohibited at the expense of total extinguishment of the right of way for lawful access.
Suffolk County Council, to include Forest Heath district council have upgraded, unlawfully Mildenhall ancient bridleway, in fact they have unlawfully adopted the right of way through their actions of totally extinguishing the ancient bridleway by laying a permanent road surface, this surface is not covered by public liability, neither was the ancient surface, the legal surface, but then no one claimed it to be insured, it was created over the decades pre 1189 through natural phenomena, an access used by choice and not invitation.
The actions of both councils in allowing the criminal damage (1971-1 act)development of the permanent surface are inviting,pursuading the public that the surface is safe and legal, yet it is not insured against accident by users, the adoption, by laying the permanent surface now places the unlawful upgrading of this bridleway as a new road, the Queens highway, any motorist/biker may take advantage of and plead mitigation if approached.
We also have the abuse of office/position by employees of the forestry commission by demanding tol from the equestrian fraternity, lets put that to sleep also.
Forestry is common land, whether there is a lord of the Manor or other owners or vested into the care and protection of the local authority(1965 act s9) rights of way are also ancient rights of way, as commoners and local authorities may not agist neither can the commission.
These rights of way over common land also pre-date 1189, they are free to access 24-7 for horses as the term bridleway suggests, cycling on bridleways on common land is prohibited on bridleways over common land, it is also prohibited to introduce a cycle on public footpaths, whereas on countryside bridleways such as Mildenhall it is lawful for cyclist to use the bridleway.
It is the right to enforce against unlawful impediments on public rights of way (Shedule 4 para 6 and the rights under s 41 2006 act) to apply to the county court in the area for the removal, action under the public order act s 5 if the legal use of the right of way is refused by bully tactics or man handling of horses to prevent lawful use.
May I ask that the horsey world give notice of any such actions either by contacting "www.horseytalk.net 01323899656 or 01630685164.
Tony Barnett writes to Councillor Colin Noble.
Conservative County Councillor for Row Heath Division, Suffolk County Council, Conservative District Councillor for Lakenheath Ward, Chairman of the Audit Scrutiny Committee, Forest Heath Distirct Council. | Suffolk County Council, Endeavour House, 8 Russell Road, Ipswich, Suffolk IP1 2BX. | Tel: 07545 423 795.
- You and your colleagues have committed criminal damage to an ancient bridle way,
- It is the horse riders and those using walking aids/mobility scooters that have been disadvantaged through your actions
- I hope no accident or fatality of horse ever occurs, but the council will be held liable
Says Tony Barnett
We do not have to agree, but you have no link to legislation in as much you and your colleagues have committed criminal damage to an ancient bridle way, this access is not just for your neighborhood, it is for use by persons throughout the UK, it s existence and un-adopted status was protected by the laws of this country.
No application to the secretary of state has been made to change its existence, it is recorded as an ancient bridleway on the definitive plan and statement in its natural state, it is now a council unlawfully adopted cycle track not covered by public liability insurance
Your actions in fact are not supported by horse riders unless you refer to BHS who have no locus stan-di, horse riders would not accept a permanent surface because of the preempted accidental potential, which you or/and your council will be liable for, whereas the original surface would not attract liability.
Under the rights of way legislation anyone may remove the introduced material and then present a claim for the works of removing unlawfully placed materials, as a councilor I would have expected you to have searched the legislation, since 2006, it is prohibited to create new road,bridle ways, at the cost of the rights of way being extinguished.
The 2000 crow act will also remind you of actions to deter the public's rights to peaceful enjoyment for air and exercise either by action or to the posting of bill's to deter that right.
In conclusion, it is the horse riders and those using walking aids/mobility scooters that have been disadvantaged through your actions, I hope no accident or fatality of horse ever occurs, but the council will be held liable but not through council insurance because this developed bridleway cannot be insured, may be, you should make inquiries there@
Says Linda Wright
We moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more