Walkers, horseriders, and cyclists in Cleveland, North Yorkshire, are celebrating a major new public path, following a long-running battle involving hidden documents, a ‘perverse’ inspector’s decision, two public inquiries, and a High Court appeal.
The picturesque new bridleway between Boosbeck and Slapewath will provide greater public access to a wide network of routes and paths. Residents and campaigning associations, such as the Guisborough Bridleways Group and Ramblers (backed by Cleveland and Redcar council), have been fighting to establish the 1.5 mile stretch of disused railway as a public right of way for several years. The Inspector confirmed an order recognising this on January 15th.
The Bridleways Group first applied for public status for the route in 2004, on the grounds of long-running use by local residents (2). A landowner objected, claiming that ditches dug at various times proved that they had no intention of dedicating it a public right of way. Although the first inspector correctly rejected this argument, he also rejected the Bridleway Group’s application on the basis of a lost document – a legal catch 22 lodged by another non-objecting landowner.
The Ramblers took the case to appeal, arguing that ‘lost’ (unseen) documentation is invalid, and DEFRA quashed the first inspector’s decision before it could reach High Court. Following a second public inquiry, a new Inspector found in favour of the bridleway (3).
Local volunteer footpath officer, John Birtill, who represented the Ramblers at both inquiries, commented: “I was bewildered by the perversity of the first judgement. The Ramblers stood alone in taking on the task of pursuing this case to the High Court and the associated risk of costs should we have failed. We presented detailed legal arguments to defend the rights of the public to use this way. Finally our efforts have been vindicated and we are very pleased that we have won this case for the public. We would like to thank all those who submitted evidence of past use of the way, including the Guisborough Bridleways Group and many individual members of the public. We are also grateful for the careful judgment of the second Inspector. Now we look forward to the removal of the present obstructions so that the public can once again use the way freely.”
Notes to Editors:
(1) Backed by the Ramblers, and Redcar and Cleveland Council.
(2) According to the law, if the general public uses a path freely for twenty years or more then a public right of way is deemed to exist, unless a landowner can show that there was no intention to dedicate a right of way. This can be done by means of public notices or locked gates and fences on the way or, alternatively, by statutory deposition of a map with the local authority showing existing rights of way, followed by a later statutory declaration to the effect that no other rights of way exist. The first inspector judged that a lost statutory deposition by one non-objecting landowner interrupted the period of 20 years usage by the public but could not be used as the final event of 20 years usage before the deposition. This was flawed in several ways. There was more than 20 years usage before the statutory deposition, the statutory deposition had been lost, it was not followed up with a statutory declaration, and in any case it was a different landowner who objected to the right of way.
(3) The Ramblers presented detailed arguments concerning the law regarding statutory depositions by landowners, and these arguments were largely accepted by the second Inspector.
