Q:We have just obtained planning permission for a housing development on a former hospital site. Now the local parish council says there are two public footpaths through the site. We do not want to redesign the foot-

May 1, 2002
print of the development. What can we do?<p></p><p> Normally notices posted at access routes saying &amp;“this is private property not a highway&amp;” and occasional closures of the site to the public, well documented, are enough to see off any claim that a public footpath exists. But these steps are quite often not carried out. Your lawyer will have advised you on any existing public rights of way at the time the site was purchased. Such rights must be recorded on the Definitive Map kept and maintained by all highway authorities. But many paths are missing from this map and may be added by application from anyone who can show documentary evidence of a dedication, or alternatively evidence that members of the public have used it for 20 years continuously without obstruction, believing it to be a right of way. If the claim is disputed by the landowner, the matter will be decided by the DTLR after a public inquiry. The process is lengthy. If the appeal goes against you can make applications to your local authority to have them extinguished or diverted, and these are normally successful where a planning permission is already in place.</p><p></p>

Continue reading

To continue reading this article please login or register.

Login

Forgot your password?

Register for free

Quick and free registration

Register