Ex Holmfirth Bridleway 94

Holmfirth BW 94 was at the bottom of the walls.

There have been increasing problems of obstruction and surface damage to Holmfirth Bridleway 94 since Kirklees granted planning permission to permit more quarry HGV access to the site. User groups made some reasonable comments on this application at the time, suggesting a speed limit, signage and a priority system putting non motorised users at the top. All ignored,of course.

Although the bridleway forms access to the quarry it is outside the red line boundary of the planning applications. There has been no planning application as far as PathWatch can see for any works to Bridleway 94. Although the quarry sites are industrial, Bridleway 94 remains in the greenbelt.

Difference in levels very clear in this photo.

It is something of a surprise then to see that the bridleway is being subject to some civil engineering works to both widen it and lower the level by up to 3 metres in places. Ironically in the supporting information for the planning application the applicant states “the HGV access route (bridleway 94) contains grass verges on both sides providing step off areas for pedestrians and cyclists should a HGV be travelling along the track.” These verges are now either 2 metres or more in the air or gone. The bridleway sign has also disappeared.

There’s some rather large plant operating on the bridleway at present with no consideration at all for the safety of public users.

Red line planning boundary. Bridleway is clearly outside this.

Yet another example, if one were needed, of Kirklees not properly considering public rights of way in the planning process. The bridleway is barely mentioned and clearly not seen as a valuable public amenity. There’s nothing put in place to protect the route and as everyone knows Kirklees are useless at enforcement be it in planning or public rights of way.

Bridleway 94

PathWath will report further on this issue but suspect Kirklees will deal with genuine public concerns via the usual evasion, incompetence and platitudes.

Useful information – Planing Enforcement highways.ross@kirklees.gov.uk Ward Councillors

See below for ignored comment on Planning Application.

Missing In Batley. Have You Seen Footpath No.5 ?

Photofit of Batley 5 drawn onto Google Maps.

Described as about 330 metres long and a metre wide, Batley Footpath 5 was reported missing some years ago. Police are becoming increasingly concerned about the right of ways whereabouts since it was last seen disappearing into the undergrowth by the M62. Experts into the many “disappeared” paths in Kirklees fear Batley 5 may have been kidnapped or groomed into becoming a Light Goods Vehicle Training yard.

If you have any information about Batley Footpath 5 please contact highways.ross@kirklees.gov.uk

Ruts R Us.

Fuel spill on Ramsden road.

The decades long mismanagement of Ramsden Road continues apace into 2022. Kirklees committed to close the road to damaging 4×4 vehicles and to repair it in 2018. It cocked up the legal order (after spending £10 grand on it) and ran away. A year ago it came up with a quick and cheap fix in the form of a public space protection order to be implemented in Spring 2021. This order has not yet come into force, largely because Kirklees don’t know what they are doing and seemingly have no mechanism for making such orders .

Had the order now been in place no vehicles would be permitted at all on Ramsden Road throughout the winter months. As it is so called “responsible” laners continue to use the road in all weathers and seasons. Lets be honest here, anyone driving a vehicle or motorbike on Ramsden Road in it’s current condition is irresponsible and is actively contributing to the continued destruction of the road to the detriment of non motorised users, residents and the environment. Predictably, the damage continues at an alarming pace and the road is now beyond any simple cost effective repair.

Fun fact, byways were originally recorded on Definitive Maps as routes mostly used by the public for the purposes of footpaths and bridleways ie walking and riding. Although the status acknowledged historical vehicular rights this was not the main public usage and of course the convoys of modern 4×4 vehicles now afflicting such lanes was unforeseeable in 1949.

A safe prediction for 2022 is that Ramsden Road will be worse by the end of it. The year has already started off badly with the Ruts R Us brigade extending their off piste activities into a new area on Footpath 175 just above Tinker Well – a private water supply. Another safe bet is that Kirklees Council, the Highway Authority with a statutory duty to maintain the Road, will do nothing. Having more or less exchanged bodily fluids with Ruts R Us over the past 3 years their position is more knackered than Ramsden Road itself.

Responsible use?

In addition to the new Ruts R Us off piste facility a fuel or oil leak has left a rainbow of filth washing down Ramsden Road. Attentive readers may recall that in addition to private water supplies in the area there are 2 public reservoirs below Ramsden Road into which run off from the road inevitably ends up. Quiet rightly, Yorkshire Water are requiring any repairs to the road include a sealed drainage system to ensure run off from the road cannot enter the public water supply as it can do now. That will be an incredible cost to the public to construct and maintain.

The only reason any of this happening is because Kirklees failed to follow the correct procedure when making an Experimental Traffic Regulation Order in 2018 which would have taken all public motor vehicles off Ramsden Road. This mistake has spawned a cock up pandemic without end.

Lady Ann Crossing & Batley Footpath 20.

Lady Ann Crossing & Batley 20 (image Google Earth)

Batley isn’t perhaps the first town in the borough you might go looking for a rural idyll but Lady Ann Crossing on Batley Footpath 20 is a bit of the Railway Children hanging on in the 21st century. Question is, for how much longer?

At the moment the signal box is staffed and path users can cross when it’s safe to do so. The signaler unlocks the gates and waves you through. A near perfect way to cross a live railway line. However, the fat controller wants to remove the current level crossing and staff as part of plans to “upgrade” the line which involve electrification and more trains.

There is currently a planning application for the works associated with removing the crossing and building a footbridge over the line which involves the rather fanciful diversion of Batley 20. See plan below.

The diversion proposal involves turning a straight forward 17m walk over the crossing into a convoluted marble run of 255m via steps or 355m via ramps. The inconvenience speaks for itself here and requires little further illumination.

Comments are open until 6th January 2022 via publicrightsofway@kirklees.gov.uk

last Christmas I Gave You A Public Space Protection Order For Ramsden Road….

Off Piste Action

Last Christmas Kirklees came up with the improbable wheeze of putting a Public Space Protection Order on Ramsden Road and the Yateholme Lanes. According to officers, senior directors and local Councillors it was a brilliant idea! It was cheap, fast and not subject to too much public scrutiny. In addition a public spirited 4×4 membership group were happy to manage very limited vehicular access costing the council nothing.

What could possibly go wrong?

Beyond the usual cock up variants that afflict kirklees a number of foreseeable plot obstacles seem to have scuppered things. The legislation which governs these orders is the Anti Social, Crime and Policing Act 2014. This legislation isn’t mentioned in the Kirklees scheme of delegation and therefore officers do not have authority to make such orders which is what the council was proposing. This was pointed out to the council at an early stage. They ignored it.Only very recently have Kirklees admited they have to carry out some “delegation of powers”. oh dear.

Interestingly anyone who has been fined under one of the many other PSPO’s in force in Kirklees may well be entitled to a refund if the orders have been made without proper authority.

The Green Lane Association were originally the group who were to administer limited vehicular access for their members. This has changed. The council will administer the 30 something vehicle permits a week but anyone of the 30 million registered UK vehicles can apply for a permit! Unsurprisingly no department within Kirklees has volunteered for this task. It’ll be a long wait.

The Council has balked at the cost of the 4 barriers required to close the lane but will not release the figure. The much smaller barrier on the Castle Hill Byway cost £20k. So you are probably looking at 2 years rights of way maintenance budget.

At best the PSPO looks like an unwanted Christmas present and at worst yet another cock up which has mutated to evade any degree of competence or professionalism.

True Or False?

Bob, Kirkwheeze Director of Comedy & Infrastructure.

Even though Kirklees Council have a statutory duty to investigate claims of the existence of rights of way and have a “Priority” list of 212 outstanding applications going back to the 1980’s and limited resources for this work they are currently consulting on extinguishing a public footpath . Something they don’t have to do.

Calderdale On Naughty Step As Bridleways Built Over.

Halifax Bridleways 486 & 487 from Calderdales Online Prow Map.

Bridleways are like hens teeth in West Yorkshire. As multi user routes they are (theoretically) open to a much wider range of users. You might imagine they’d be protected or enhanced during the planning process. You would, of course, be wrong.

In a classic example of not paying any attention at all planners and highways officials at Calderdale have allowed 2 bridleways to have estate roads,footways,gardens,driveways and even a house built over them. The development (at Fountain Head Road) was granted planning permission in 2005 and there is little to show how public rights of way across the site, which also include a footpath, will be dealt with in the planning documents. Don’t forget public rights of way are(theoretically) a material consideration in the planning process.

There is mention of rights of way being a limitation and a plan showing the bridleways and footpath along with the development. Some 16 years later the plan more or less reflects where the houses and roads have been built over the rights of way. Presumably, the plan should have had the opposite effect?

These bridleways are now lost for ever but not because the developer has built over them. The local planning & highway authority, Calderdale Council, have failed to consider the bridleways as part of the 2005 planning process. Subsequent to this they have failed to prevent the stopping up of the bridleways by the development.

They are fully aware of what has happened at this site but the council’s shoddy performance continues in how it is now dealing with the obstructed footpath. More on this story later.

Definitive Map Modification Order Application.  Section 53 Wildlife and Countryside Act 1981 Farnley Tyas.

Kirklees are currently investigating an application to add this well used path to the Definitive Map. See email below and contact details etc.

“In 2019, Kirklees Council received an application for a definitive map modification order to add a public footpath to the definitive map and statement between Kirkburton 55 at Upper High Fields to Woodsome Road at Farnley Tyas Bowling Club, Farnley Tyas.  Please find attached a plan of the application route shown by the letters A-B-C.

The Council has a legal duty to investigate the application and decide whether or not the definitive map and statement needs to be modified.  The definitive map and statement is the legal record of public rights of way.  If through our investigation we discover evidence that there is a public right of way that is not currently recorded, then an Order to modify the definitive map and statement would be made under the provisions of section 53 of the Wildlife and Countryside Act 1981.

As part of our investigation, we are now carrying out a 28 day informal consultation and we welcome your comments. The formal application was made on the 3 April 2019, so we are particularly interested in the history of the application route prior to that date.  

In particular, we would like to know about the following:

  • Your use of the path – for example, over what period of time did you use the path?  How often?  For what purposes did you use thepath?  Where were you going to?
  • If you used the path all year round
  • Use of the path by other people
  • The presence of gates, stiles, fences or other barriers or obstructions
  • Any signs or notices on the path, and what they said
  • If you were ever challenged when using the path, or challenged anyone else
  • If you have been given permission, or have given others permission to use the path
  • Anything else you feel may be relevant in establishing the status of the path
  • A map or plan showing the route to which you are referring

If you have any further evidence about this route, we would be grateful if you could submit it to the Public Rights of Way Team at the address above, or by email to publicrightsofway@kirklees.gov.uk and by 29 November 2021.  If we have not heard from you by that date, we will assume that you have no further comments or evidence to add at this stage. 

Please note that this communication forms part of the investigation and that no decision on the application has yet been made by the Council.  Any comments you make or evidence you provide may eventually become public and may be used in evidence at a public inquiry.”

Kirklees Spends £20k On Review of Rights Of Way Improvement Plan.

The original clunky improvement plan.

In July this year Kirklees issued a contract to an external company called Haskoning DHV UK Limited. The contract is to review the council’s out of date Public Rights of Way Improvement Plan . In all honesty the plan was outdated and clunky when published in 2010, so if done thoroughly this could be a good thing. The value of the contract is some £20k .

There is no mention on the council’s website of the review and how the public and user groups may comment or be involved. The only reference to the Rights of Way Improvement Plan is a link to the outdated version. The plan is, or should be, an important document which should seek to resolve the many issues surrounding the poor management of public rights of way in the district.

More on this story in due course.

ROWIP Review Contract

What To Expect In Lancashire…

A proper Yorkshire footpath. Designed to be walked on!

When landing on Lancashire County Council’s Public Rights of Way-What to expect website page you may well opt to have your flask and sandwiches in the safety of your own home rather than visit the red rose counties path network.

The opening salvo of the county councils project fear is a presumably non satirical – “In general the countryside is not designed for walking or riding on”. The “what to expect” page continues in similar doom laden tones warning of the “great variety of potential hazards on Lancashire paths” such as “holes made by animals, water,tree roots,rock and other natural hazards to trip over or fall into”.

The page is cut and pasted below for entertainment value. Do watch out for the rabbits holes in the meadows should you decide to visit!

Public rights of way – what to expect

In general the countryside is not designed for walking or riding on – in order to make it more convenient and accessible paths and tracks have been constructed in many places but it is not reasonable to expect these everywhere, even in some places where there are a lot of users. Some paths are too narrow or steep for all the permitted users because of their nature or the way that they were originally dedicated as public rights of way-  that is not an error necessarily but a quirk of history. For example:

  • A byway open to all traffic (BOAT) may not have to have a suitable surface or be wide enough for a car
  • Some bridleways are too steep for horses to use or too boggy for cyclists
  • Some footpaths are too uneven for wheelchairs or pushchairs

Users will need to assess the nature and natural restrictions of particular paths that they are using, take necessary care and be prepared to take an alternative route if necessary.

Users should be prepared, consider the effect of weather conditions and take particular care when running or riding quickly and when visibility is poor.

There is great variation in the standards of surface and potential hazards that you could expect whilst using public rights of way in Lancashire.

Rural areas and natural surfaces

Where paths have been constructed in a rural area the purpose is generally to facilitate passage across boggy, steep or otherwise difficult terrain and they may be uneven and slippery – this is the nature of such paths and users should take appropriate care.

Where paths have not been constructed but are simply a worn line on the ground, or maybe not even that, users must be aware that there could be holes made by animals or water, tree roots, rocks and other natural hazards to trip over or fall into. Similarly the path may be overhung by low branches, pass close to steep slopes, traverse river banks or cross fast-flowing streams. A little-used rural path may have both overhanging vegetation and upgrowth through the surface of the path that makes it difficult to use.

Historical routes

There are public rights of way which follow historical routes, often through areas of industrial archaeological interest, which used to be maintained to a high standard appropriate to that historical land-use but which is not necessary or appropriate today. This sort of route also requires users to take care appropriate to a deteriorated surface.

Urban and semi-urban areas

In village areas the paths tend to be better, often constructed with stone and in urban and semi-urban areas many paths are tarmac, concrete or stone. Users can expect them to be reasonably free from vegetation, deep puddles or mud but this does not mean that they are up to footway (pavement) standards nor are they necessarily lit.

The user has a responsibility to take care appropriate to the general nature of that particular footpath.

Signs and Waymarks

Public rights of way should normally be signed where they leave the road and waymarked where necessary along the route. However, you must expect you will need to use a map to find the way and not rely entirely on waymark arrows except on specially marked trails, for example in or near Country Parks.

Bridges

In most cases users can expect a means of crossing a watercourse but this may be stepping stones or an Irish bridge not usable when the water level is high. Historically some paths cross rivers or streams where there has never been a bridge or stepping stones but where the water level is, or once was, suitably low but care must be taken by any user as the suitability of a crossing point in any particular conditions cannot be guaranteed – it is the responsibility of the user to assess the circumstances at the time and not to take risks.

Unexpected hazards, obstructions and how to report a problem

Lancashire County Council as highway authority should ensure that any hidden, unexpected hazards are rectified as soon as possible after they have been reported.

For example, a rabbit hole in a meadow path or tree root across a path in a wood is expected but a rabbit-sized hole in a tarmac path or piece of metal sticking out of a concrete path is unexpected and should be rectified by the highway authority.

Wherever the public right of way is crossed by a fence, hedge or wall a gap, gate or stile should be provided and that should be safe and convenient to use. Steps, revetments, handrails and other structures are also provided where necessary.

There should be no obstructions such as locked gates, piles of building materials, paths ploughed or covered in crops, buildings, fences across the path or ‘keep out’ notices.

There is a regular programme of vegetation clearance from many paths which are subject to undergrowth, however, it is not possible to anticipate all locations where this is required and Lancashire County Council relies on members of the public reporting problems of excessive vegetation.

If you see a problem like this on a public right of way you can report it online. It would be helpful if you could give a detailed description of where the problem occurred, inform us of its nature and whom you believe may be responsible.

Be Prepared

It is strongly recommended that users:

  • Carry a suitable map and ensure that they are able to use it (remember that you may need to carry reading-glasses and a torch)
  • Allow for suddenly worsening weather conditions
  • Wear suitable clothing, including footwear, and where appropriate take waterproofs or carry extra warm clothes
  • Carry water or other non-alcoholic drinks especially when it is hot.

A GPS (global positioning system) unit or traditional compass may also be useful as long as the user is able to use it competently.

Watch out for cattle

Many public rights of way cross fields where livestock are present. In general this presents no problem but there are simple precautions that you can take: 

  • make sure that you know where your exit point from the field is
  • do not walk between young calves and their mothers
  • do not let your dog chase the cattle
  • be ready to let your dog off the lead or put it down if cattle approach (do not pick it up or hold it close when cattle approach)
  • turn to face approaching cattle spreading your arms out and shouting, do not run away but move to the exit point (or back to the entry point) carefully.

Remember that cattle are often inquisitive and rarely aggressive.

Link