DavidSally
Active Member
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Below is a request from GLASS to assist in stopping the closure of a lane in the Peak District. You may know it as the lane at Monsal Dale. Thanks for taking the time to read it. If you can help ie drove it pre 2006 please object via post, not email.
At the Peak&Dukeries / GLASS meeting on Monday 3rd Feb, and at an earlier PDVUG meeting, I said I would send out guidance on how to object to the Order to close Brushfield Lane to motorised traffic. I appreciate not everyone will have the necessary grounds for objection, but I hope it will be of some interest.
For those who have used the route before March 2006, your support IS required, please feel free to forward this to any colleagues you think will find it useful.
Brushfield DMMO Order Map
On 9th Dec 2013 the Derbyshire County Council (DCC) authorised a Modification Order that would place Brushfield Lane on the Definitive Map.
Unfortunately, after historical research and a public consultation, the report presented to that meeting by DCC Legal Services classified Brushfield Lane as part Bridleway (A to C) and part Footpath (C to D). If the Modification Order is confirmed as suggested, Brushfield Lane will be CLOSED to all recreational motorised vehicles.
The quick action required is to snail mail a short objection to the proposed order, because if enough objections are received they will force a Public Inquiry.
The slower action required is to find and collect the details that will back up the short objections; this detail to be made available ONLY at the Public Inquiry.
The essential paragraph of the Order Notice published on 23rd reads "Any representation or objection relating to the order must be sent in writing to the Director of Legal Services at the address below not later than 13 March 2014, and applicants are requested to state the grounds on which it is made.".
Note that no special forms or maps have to be used, but that as objections should be by normal post, set your last day for posting as Monday 10th March.
Suggested basic text is:
John McElvaney
Director of Legal Services
Derbyshire County Council
County Hall
Matlock
Derbyshire
DE4 3AG
Dear Sir,
Re: Bridleway and Footpath along the Non-classified Highway known as Brushfield Lane, Parish of Brushfield and Little Longstone. Modification Order 2014.
I object to your order dated 23rd January 2014.
The grounds of this objection are that I have used the route many times before March 2006 in the belief that it was a vehicular highway, maintainable at the public expense.
Signed and Dated ****** *****
NOTE the cut off date for relevant evidence, BEFORE March 2006.
After doing the initial research suggested below you can make minor personalisations to the suggested text, perhaps replacing 'before March 2006' with the years before 2006 you were active in the area; or perhaps inserting the vehicle you were using when you drove the route. Do NOT include masses of detail, save that for later.
I suggest you think about what vehicles you used between 1995 and 2005, did you use any of them on green lanes in the Derbyshire Peak District? Do you have any 'family history' which confirms using that vehicle (family snapshots, garage bills, log books, diaries), anything that will both trigger and confirm your recollection so that you can convincingly assert you were using that vehicle.
Ask older members of your family, friends, and contacts the same questions. Usage before 1995 is equally valid, but in all cases you and they need to sound convincing, so collect the details.
Now you and they are convinced, write the postal objections, and keep the supporting details readily available.
Thankyou.
Background Reading.
The DCC Legal Services Report
Order Notice
At the Peak&Dukeries / GLASS meeting on Monday 3rd Feb, and at an earlier PDVUG meeting, I said I would send out guidance on how to object to the Order to close Brushfield Lane to motorised traffic. I appreciate not everyone will have the necessary grounds for objection, but I hope it will be of some interest.
For those who have used the route before March 2006, your support IS required, please feel free to forward this to any colleagues you think will find it useful.
Brushfield DMMO Order Map
On 9th Dec 2013 the Derbyshire County Council (DCC) authorised a Modification Order that would place Brushfield Lane on the Definitive Map.
Unfortunately, after historical research and a public consultation, the report presented to that meeting by DCC Legal Services classified Brushfield Lane as part Bridleway (A to C) and part Footpath (C to D). If the Modification Order is confirmed as suggested, Brushfield Lane will be CLOSED to all recreational motorised vehicles.
The quick action required is to snail mail a short objection to the proposed order, because if enough objections are received they will force a Public Inquiry.
The slower action required is to find and collect the details that will back up the short objections; this detail to be made available ONLY at the Public Inquiry.
The essential paragraph of the Order Notice published on 23rd reads "Any representation or objection relating to the order must be sent in writing to the Director of Legal Services at the address below not later than 13 March 2014, and applicants are requested to state the grounds on which it is made.".
Note that no special forms or maps have to be used, but that as objections should be by normal post, set your last day for posting as Monday 10th March.
Suggested basic text is:
John McElvaney
Director of Legal Services
Derbyshire County Council
County Hall
Matlock
Derbyshire
DE4 3AG
Dear Sir,
Re: Bridleway and Footpath along the Non-classified Highway known as Brushfield Lane, Parish of Brushfield and Little Longstone. Modification Order 2014.
I object to your order dated 23rd January 2014.
The grounds of this objection are that I have used the route many times before March 2006 in the belief that it was a vehicular highway, maintainable at the public expense.
Signed and Dated ****** *****
NOTE the cut off date for relevant evidence, BEFORE March 2006.
After doing the initial research suggested below you can make minor personalisations to the suggested text, perhaps replacing 'before March 2006' with the years before 2006 you were active in the area; or perhaps inserting the vehicle you were using when you drove the route. Do NOT include masses of detail, save that for later.
I suggest you think about what vehicles you used between 1995 and 2005, did you use any of them on green lanes in the Derbyshire Peak District? Do you have any 'family history' which confirms using that vehicle (family snapshots, garage bills, log books, diaries), anything that will both trigger and confirm your recollection so that you can convincingly assert you were using that vehicle.
Ask older members of your family, friends, and contacts the same questions. Usage before 1995 is equally valid, but in all cases you and they need to sound convincing, so collect the details.
Now you and they are convinced, write the postal objections, and keep the supporting details readily available.
Thankyou.
Background Reading.
The DCC Legal Services Report
Order Notice
