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Discussion Forum - The Bothy - Right of Way obstruction


Author: Iain Connell
Posted: Fri 16th Oct 2015, 23:37
Joined: 2010
Local Group: East Lancashire
In the course of a recce, I encountered what appeared to be another obstructed right of way (RofW), this one on Skipton Moor. My new and recently purchased OS 1:25,000 map shows the line of the RofW going over a west-east dry stone wall and continuing in the same direction but on the opposite (southerly) side. At that point the wall has partly collapsed, an apparently broken-down stile with what had been a high but non-barbed wire fence strung across it. The fence has been bent down in clear attempts to get over, but remains precarious. A narrow but clear path continues on the original (northern) side, then crosses a waymarked north-south fence. A few hundred yards after that it peters out before a descent to a north-south wall without stiles.

My first thought was that I'd gone wrong (there are lots of stiles and gates in the area, not all of them waymarked). So I retreated to the last location I was certain of, and tried again, this time approaching the wall from the south. It was the right place, but the fence was even less accommodating from that side. So the map appeared to be correct, and after a bit more careful wall-climbing (it's Open Access, so that's all right then) I continued on an easy but invisible path-line towards an obvious track which obeyed the map.

On recce two, or was it three, I tried the northerly path again, this time paying attention. Sure enough, it does cross the wall from north to south, but at a point further along. I had failed to notice a diagonal waymark above another broken-down stile, on the other side of which is a mapped RofW. But this stile was also obstructed, the offending item being a piece of rope strung between a strand of barbed wire and another wooden post. Since the rope was clearly dangerous and without obvious purpose, I untied it and replaced some of the fallen stones.

My edition of the OS map seemed, then, to be wrong. So I looked today at Skipton Libary's copy of the North Yorkshire County Council definitive map, which is dated 2005. The RofW is shown as it appears on the ground and not on the paper map, that is, continuing on the north side of the wall and crossing over at the waymark with the piece of rope which I was, thankfully, within my rights to untie. Inspection of the "new" and "revised" map shows it to be dated 2002, so, unless the 2005 definitive map has itself been superseded, the OS version is indeed, at this location, incorrect.

But Ordnance Survey revenue on paper maps now makes up only a small proportion of their total, the source maps having been digitised. So can the digitised versions also be incorrect - in this case, as much as ten years out of date ? It seems that they can, so as Natural England's advice* on definitive maps says:

"The Ordnance Survey receives copies of definitive maps and modification and public path orders which have come into operation and uses them to provide the rights of way information that is shown on Explorer (1:25,000 scale) maps and Landranger (1:50,000 scale) maps. Each map shows the date which Ordnance Survey used as its deadline for rights of way information. However, in case of disputes about the status of a right of way, reference should be made to the definitive map ... rather than the Ordnance Survey map, which cannot in itself provide conclusive evidence.",

it really does seem that the OS's digitised source maps may, in such cases, count for no more than some of their most recent paper versions. So, if in doubt (and before untying pieces of rope and rebuilding walls), consult the relevant council's definitive version (you first might try Rowmaps.com to confirm its existence) rather than the internet or your "up to date" mapping software.

+++++++++

And the previously reported RofW stile obstruction - the one with the dead christmas tree ? That one *is* on the definitive map (as well as OS's paper and digitised versions), so I was right to cut its ridiculous bits of yellow string prior to taking a (non-LDWA) group across it (and back over again in just 100 metres). Last time I was there it was still unobstructed, the liberated but bald tree just as I had left it.

Iain.

* 'A guide to definitive maps and changes to public rights of way - 2008 Revision'.
Author: Geoff Deighton
Posted: Sun 11th Jan 2015, 11:26
Joined: 1981
Local Group: High Peak
Derbyshire County Council has a page on their website for reporting obstructed rights of way. I've used it a few times and they have always investigated and responded. Very helpful people!
Author: Peter Steckles
Posted: Sun 4th Jan 2015, 0:47
Joined: 1998
Local Group: East Lancashire
Not sure how, but I came across the following site

http://www.rowmaps.com/

It seems this chap has accessed 85 local authorities who have released data on their rights of way.

Take for example my patch, Rochdale. If you search for that, then zoom on on the map, you will find all the definitive rights of way, with their respective reference number.

If you have a query about access, you need to contact your Rights of Way Team, explaining the obstruction and ask them to investigate.

If you area isn't covered by the work this chap has done, I think you can ask the Local Authority to produce the data electronically, and this chap will add it to his website.

Useful resource to be able to give the footpath reference when discussing access with your Rights of Way Officer or Team.
Author: Mark Garratt
Posted: Sat 3rd Jan 2015, 14:39
Joined: 2016
Local Group: Heart of England
I've had it alot of this happening with paths close to my holiday home in mid Wales . Paths marked on my up to date explorer maps to come to an abrupt end with barbed wire replacing I presume rotted stiles in a middle section through fields . I put it down to paths never used in an under walked area and no maintence by the local authority's leaving the farmer to do a makeshift repair to secure his livestock . Many a Sunday morning on our regular long distance runs I've been left frustrated by this and having to back track and find an alternative route to our dismay
Author: Peter Steckles
Posted: Sat 27th Dec 2014, 20:21
Joined: 1998
Local Group: East Lancashire
Rochdale MBC take their responsibilities very seriously

They tread a careful line between upsetting those who cause the obstruction, and those who wish to use the rights of way

Here is a statement from the Rochdale MBC web site

"Obstructions. Obstructing a definitive route is an offence. The obstruction could be a fence, wall or building across a route, the presence of a vicious dog, bull or other animal, or overgrown vegetation."

I have reported a few obstructions over the years and they always get to the bottom of it and open up the right of way.

In the past, I have tried to speak with those who wish to block access, and I have been threatened, had a van driven at me, and have had verbal abuse and threats of violence.

Is it worth tackling these people alone? Not so sure it is. If they are prepared to block off a right of way, which they clearly know is a right of way, then they may resort to more than debate on the day.

I usually ask the Rights of Way team if such and such a path is a right of way and explain the circumstances. I get an acknowledgement and always a follow up.

As you say, with the vicious cuts to budgets by the current government, many Councils are having to consider all sorts of local cuts in order to maintains services to the vulnerable.

In the past, the Rights of Way Team have thanked me for bringing information to their notice. They can't be everywhere and we are their eyes and ears, although in many of the cases I report they are often well aware of the goings on.

My advice would be to go through the proper channels. Removing Christmas Trees may be seen as provocation by the blocker, and remember, there is safety in numbers so if you do go in, don't go alone.

Life is too short for fighting, but I would still get the bar steward by playing the long game ;-)

Good luck
Author: Stewart Brady
Posted: Fri 26th Dec 2014, 20:51
Joined: 1981
Local Group: East Lancashire
Or, if you don't fancy that, try using the Ramblers path problem report site :-
http://www.ramblers.org.uk/go-walking/report-a-path-or-access-problem.aspx
Author: Stewart Brady
Posted: Fri 26th Dec 2014, 20:29
Joined: 1981
Local Group: East Lancashire
Just remove the obstruction but leave the materials on site.
Stewart
Author: Iain Connell
Posted: Fri 26th Dec 2014, 19:45
Joined: 2010
Local Group: East Lancashire
Thanks.

Anyone reported a blocked right of way to their local authority recently ? If so, did it make a difference, beyond a formal reply (if even that ?). Things being as they are, I'd expect that footpath maintenance and rights of way issues are a long way down their priorities list - is it worth it, or would a more direct approach (photos to the local press, or in social media) have more effect ?

Iain
Author: Mike Rayner
Posted: Fri 26th Dec 2014, 17:28
Joined: 1983
Local Group: Northumbria
Iain - contact North Yorkshire County Council paths@northyorks.gov.uk about the obstruction
Author: Iain Connell
Posted: Fri 26th Dec 2014, 17:17
Joined: 2010
Local Group: East Lancashire
Today I encountered a recently and deliberately blocked right of way, at a stone step wall stile about 40 yards in front of a house. The blockage was crude beyond belief - last year's bald christmas tree tied to pieces of rotting pallet laid diagonally across the steps. It was the third time I've been over this stile in recent months, the last only three weeks ago with a (non-LDWA) group - we did no damage and closed all gates. I rechecked the map, and it is definitely a right of way though the route would be much better if a permissive option alongside said house were available (it would need a new stile over a high stone wall wall 200yds to the rear of the property).

The Rambler's (I'm not currently a member) have lots of information on reporting and dealing with such situations, but I've not found a similar page or pages in the LDWA site. If there is one, please point me at it, otherwise what is the current view of illegal RofW obstruction ?

Iain

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