The Byways and Bridleways Trust has called for the support for cyclists in fighting a High Court battle.
In 2008 Northumberland County Council made an order, which was confirmed in January 2009, to record a public bridleway in Capheaton. The route is approaching two-and-a-half miles long, with a recorded width of three metres, and was noted on the first definitive map as a public footpath.
It is a valuable ‘additional’ link for cyclists but getting it onto the map as a bridleway is only restoring the status quo, as one local historian has asserted that it is a former principal road, used for the carriage of salt.
The bridleway was in good condition in 2009, but had hard-to-open gates and two cattle grids across the width of the bridleway. After making no headway with Northumberland County Council, Alan Kind, the editor of Byway and Bridleway, served a notice under s.130A of the Highways Act seeking the removal, or legal bypassing, of one of the cattle grids.
District Judge Stephen Earl held that the cattle grid was unauthorised but declined to exercise his discretion to make an order because the public could still get past, even though they are forced right off the highway.
Kind appealed this decision to the Crown Court but to no avail. In the view of the Byways and Bridleways Trust this decision by a judge will act as a precedent for lay magistrates everywhere and landowners will be able to obstruct public footpaths and bridleways with impunity.
The case is now being appealed to the High Court and the Byways and Bridleways Trust has the welcome and vital support of the British Horse Society and the Open Spaces Society but funds are required to move forward.
More information about the case and details of how to donate or pledge support are available on www.bbtrust.org.uk
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