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Replies in this thread : 10
Author |
Topic : Footpath/right of way, Methodist Chapel |
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| original |
For as long as I can remember (and I was born here) locals have been able to walk through the Methodist grounds and out into the main street. I understand that now the chapel authourites have decides this is not allowed. Is this a public right of way?? I feel sure there is no restriction to walking through the C of E Church yard. |
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| Carrie |
Hi There doesn't appear to be either a footpath or a right of way shown on the Ordnance Survey map or on Bradford Met's map - see link - gis.bradford.gov.uk/row/framepage.cfm Bradford Met's website allows you to enquire re rights of way - see link www.bradford.gov.uk/countryside |
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| gazzer |
I thought if you let the public use a path then if you dont block it off at least once a year it becomes a right of way |
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| Carrie |
this post has been edited 2 time(s) Hi I think you may be right in principle but not sure of exact intervals. May be worth checking position with Bradford Met. I've found their Rights of Way Officer for this area to be very good. |
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| Carrie |
Hi have emailed Bfd Met re this & will post when I get reply. |
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| Doncaster Slim |
www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=2&BrowseLetter=H&NavFrom=1&parentActiveTextDocId=2198137&ActiveTextDocId=2198186&filesize=22191 |
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| roosterman |
by rights if its been a footpath it should remain a footpath |
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| victor |
The C of E church yard is access to the grave yard,which is probabley why its allways open. |
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| carliol |
can't see why anyone would want to go thru the Methodist Church ....it's not really a shortcut to anywhere ( by much anyway). I understand using St James grounds, it's a cemetery and a shortcut. What is the problem? |
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| tolpuddle |
As I understand it the rule is a footpath has to be open for a year and a day. Where there is an unofficial path it is up to the land owner to make sure it is closed at least once a year. Boxing day or new years day are popular. So if someone wants to waste everybodys time and money I suppose they are free to do so. Was not much of a short cut though, and the gate was regularly closed so I reckon the Church would win. |
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| Carrie |
this post has been edited 1 time(s) Hi The reply from the Rights of Way Officer at the Countryside Rights of Way Service at Bfd Met is as follows:- 'I've checked our records and as you thought there is no recorded public right of way through the grounds of Silsden Methodist Church. It is generally correct that if a route has been used for a substantial period of time with no challenge to that usage, e.g.. locking gates periodically, telling people that the route is not public, then a public right of way can become established. There is a procedure available by which anyone can apply to the Council for a route they believe to be public to be investigated and if found to be public to be added to the Definitive Map. I've attached a copy of the information sheet we send out to anyone considering making an application to record a path which explains the process a little. What doesn't seem to be clear to me is whether a claim that a public right of way has become established through usage of a route crossing church land will be successful. Some of the information I have been able to locate seems to suggest that public rights do not become established through use of routes on church land. Other information suggests that the Planning Inspectorate have confirmed at least one order to add a footpath crossing church land. It seems that the situation relating to routes on church land is not clear cut and the suggestion is that specialist legal advice may be required.' She has sent me a document which advises 'How to Claim an Unrecorded Right of Way - Wildlife & Countryside Act 1981'. Happy to forward on if required. |
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| Replies in this thread : 10 |
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events sale / wanted general have your say looking for.. skippy greengrass |
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DON'T FORGET THE SUBJECT IS >>>>>>>> Forums Home > Have Your Say !!!! > Footpath/right of way, Methodist Chapel |
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21/10/2010 : 11:00:31 
21/10/2010 : 17:39:53