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
Leith Hill, Surrey
The Riders v Cyclists Row continues .... BBC tv Report
Comments Tony Barnett - "Bridle paths are for horses and not for cycles."
Says Tony Barnett
The comments from the BHS is misleading, this I know because guidance on the common land legislation came from me.
Common lands are open from all points of view to the public for air and exercise, on behalf of dog walkers and horse rider not members of BHS I was asked to become involved and oppose the event as being unlawful.
Cycling on any common land is prohibited,there are instances where this may happen such as commoners etc who have private rights of access and persons using mobility scooter that comply with the 1970 act s 20, c,C 44.
I have approached Mole police Insp Andy Rundle to inform him that subject to the 1988 road traffic act the event will be in breach of s 34 and 59 of that act the event will breach those acts and must be prevented.
Surrey County Council under the 1965 commons registration act they have no jurisdiction, it cannot make any grants of easement.
I have the necessary documentation to all of the common lands in Surrey to show that the is no owner-s or ever has been, all registrations to claims of rights etc are for reference purposes only, this also means that the "conservationist" national trust, wildlife trust have no locus stan-di and cannot make grants of easement, it is well pointing out, common lands are not capable of gaining a public liability certificate, access is for ones own decision whether to access or not, any developments etc also cannot be insured, common lands are not protected by SSSI, so any interference by regulating/impeding public access can be subject to public order s 5, the 2000 crow explains all.
Under the 1965 act and the recent 2006 commons act the council are duty bound as the registration authority to prevent any such events.
The works,developments so far, if any, can be removed without committing any criminal act, as far as BHS and Milton's statement of acting for its members, I have drawn up court papers for them to act on behalf of BHS members without any action being taken.
I have offered to act for anyone that wishes to take the matters to civil court under s 41 of the 2006 act.
May I add one more thing, Martin Barden, the event organizer claims that consent to hold the event has been obtained from Steve Mitchell of the council and the national and will enter that consent on the application to pins, that will be false representation and is catered for under the 2006 fraud act, the suggestion by Milton of a compromise with Mr Barden can never be achieved, neither have any locus stan-di, as of yet, no evidence has been disclosed that the bridle-paths are of ancient rights of access, no evidence to show that they are entered onto the definitive plan or statement, in any case, bridle paths are for horses and not for cycles.
Tony Barnett writes to Steve Mitchell, Surrey County Council
Information on the common lands Wotton/Leith Hill show no owners are in existence,
Says Tony Barnett
Leith hill is common land, as of yet there is no confirmation that the bridle path is legal or not, it could be the access was by custom, if so the access was extinguished under the 2006 commons act,even so the council has no jurisdiction on common land and as there has been no application to PINS, no consent has been given, even so, consent will only be provisional subject to evidence being disclosed, if as the council claim to be owners, then full disclosure is demanded.
As I have stated, information on the common lands Wotton/Leith Hill show no owners are in existence, meaning no title deeds or conveyance documents to show freehold title to pre-date 1189, this should convince the public and those that wish to present a fate accompli, the common lands are pedestrian only, any claims to ownership rights are for reference purposes only.
Save problems, examine the legislation/ documents etc
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