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The following is a step by step process which can be followed to upgrade any route which has been ridden unchallenged for 20 years. NB this is not a fast process and can take decades to complete but it does work.
Use any mapping tools available free on the internet to get the start and end map references for the path. For example Gridreferencefinder.com
You now need to gather as much evidence as possible from people who have ridden the path now and in the past, go back as far as possible. Each user will need to fill in an Evidence Form. They will also need to attach a copy of a map clearly showing the path to each evidence form. Note the Map must be of a large enough scale (greater than 1:25,000) otherwise it will be rejected by the Rights of Way Officer. You can ask the Rights of Way Officer for a Map covering the area you are interested in or you can get a map from mapping tools available on line. The Map needs to be signed and dated by the user and the route you are providing evidence for needs to be clearly highlighted. Also Note the user must do this themselves - a pre-prepared map showing the route is not acceptable although you can supply users with a coy of a generic map of the area for them to mark-up.
The following is guidance for users when filling in a User Evidence Form
* Make sure you fill in each question
* Make sure the path goes from a highway or an existing Right of Way. Do not assume a road is a highway as often they might be routes not deemed by the Council to be a path or a highway. Useful places to check are Geoplace or email highways@rochdale.gov.uk.
* You can find which Parish the route is in from the web. One site is here.
* If you don't know the number and status on the definitive map you can either try rowmaps.com or you can email environmental.management@rochdale.gov.uk to arrange a time to view the Rochdale Definitive Map. Unfortunately the Map is currently not available on line.
* Make sure you put dates in your evidence. Don't just say 5 years etc. If you say until present put in brackets the date.
* Complete the form with as much information you can. Making it personal really helps eg I have rode this route from 1981 when I bought my first horse. I had a break during 1995-1999 when my sons were born and recommenced riding the route when I purchased Monty.
Once you have sufficient User Evidence forms to demonstrate at least 20 years of continuous unchallenged you are nearly ready to submit the DMMO, You need to find out the land owners of the route. This can be trickier than it first seems, particularly if it is a rural route. Write to the Land Registry Office at Birkenhead House, East Beach, Lytham St. Annes, Lancashire, FY8 5AB to find out who owns the path. You need to quote the map references and enclose a copy of a map or a plan with road names and as much detail as possible and highlight the path in question. You might be able to obtain information using the on-line search engine at the land registry.
When you have got the names of the landowners, it may be advantageous to write to them to ask if they will dedicate the path as a bridlepath and that means that you don’t have to bother with getting all the evidence. With the landowners permission the council will amend the definitive map as required. If the landowner refuses or you don’t get a reply then continue as follows. Note dedication has never been a successful route we have known about in Rochdale.
Use a mapping tool to identify any properties that abut the path. Go to the library and ask to see the Electoral Register for these addresses. You need to get the names of all the occupants of any houses that are on the footpath route, even ones whose gardens just back onto the path as when you put the application into the Council you need to contact all these people and advise them of your application.
Once you have all this information you are now ready to send in your application to the Council. Complete Form A. Enclose a copy map with the path clearly highlighted. Take a photocopy of all the evidence forms you have collected and then send the originals off with Form A.
You need to send the forms to:
Now Complete Form B's for the land owners and all the houses on the path as stated above. Send this off to the individual addresses. It may also be a good idea to list who has been notified and enclose this with the information you send in to the Council.
Now sit back and wait for something to happen. The Rights of Way Officer considers your application, this could take a few years if it is a complex route. They compile a report which is submitted to the Township Committee Meeting for Councillors to consider. It is worthwhile as many as possible to attend the meeting and for an individual to present a case for the acceptance of the proposal. Once Township Committee agrees to the upgrade it is passed to the Legal Department, who will eventually pass the order and put up notices along the routs asking for any objections which need to be lodged within 21 days of the notices going up. At this stage you might be lucky that no objections are made and in which case Legal will confirm the order and the route will become a new Bridleway, If though, as is the case in most cases, objections are received then the order will be passed to the Planning Inspectorate. This normally means that a Public Enquiry will be called where both sides present their arguments and the residing Inspector will decide on the balance of probability whether the route has been used without challenge for over 20 years. The Planning Inspectorate decision is final. Note any Public Enquiry may take anywhere upwards of two years to be called but the decision normally is received within a few months of the Enquiry.
NB This is not a quick process and often you may have to go back a few steps to rectify any mistakes in the process that might have been made. Your resilience though will normally be rewarded with an upgrade finally occurring.