New BOAT confirmed in the Peak District

We are pleased to report that Hurst Clough Lane, near Bamford in Derbyshire, has been confirmed as BOAT by the Secretary of State for Environment, Food and Rural Affairs. This adopted non-classified highway was claimed as BOAT by the TRF before the NERC Act took effect in 2006, but was originally sentenced as a ‘non-compliant application’ by Derbyshire County Council.  However, the council decided that they had an obligation to investigate evidence of a right of way which had been drawn to their attention and wasn’t on the Definitive Map, and undertook their own investigation into the history and usage of the lane. 

In 2012 the council proposed a Definitive Map Modification Order for BOAT, but the order was delayed due to objections from pressure groups opposed to motor vehicle use.  The order was eventually confirmed as BOAT after submission of the claim, objections and reports to an independent inspector on behalf of the Secretary of State.  This is an example of historic evidence working in our favour.  Unfortunately the right to drive other similar lanes may be lost where evidence of historic dedication isn’t clear and if pre-NERC user evidence hasn’t been submitted in sufficient quantities. Trailwise ref SK2182-01

 

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Myth busters

Many green lanes show very little signs of use, contrary to the media image of convoys of 4x4 destroying the countryside. Sadly this has become popular belief, so much is the power of the press.

Myth busters

Many lanes can take sustained use of rercreational vehciular traffic. Even lanes with a soft surface can take a certain amount of traffic leaving very little evidence of their passing. With a change of attitude and co-operation, we can all co-exist without TROs.

Myth busters

Not all green lanes are tight and narrow. Many have widths of over 40 feet, much like the rest of the minor road network. Just because they escaped being covered in tarmacadem doesn’t make them any different.

Myth busters

Byways are for all classes of user. It is the highest class of right of way and recreational vehicular users should respect all other users. Restricted Byways are for all users except recreational vehicular users, but there are sometimes exceptions to this rule.

Myth busters

The definition of a Byway Open to All Traffic (BOAT) is a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purposes for which footpaths and bridleways are used.

Myth busters

Many unsealed roads are actually surfaced. This one is a flint track, the flint coming from the surrounding fields. Each parish would have been responsible in the past for the upkeep of their roads. Many still more sustainable than their tarmac cousins.

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