[Talk-GB] Private roads that are private for maintenance but are publicly accessible

[Ian Spencer]

Jerry Clough - OSM wrote on 26/05/2010 18:24:
> The current issue with the Park Estate is about pedestrian access. The 
> position with cars has always been clearly stated. Recently Nottingham 
> City Council has started the process of designating public rights of 
> way (the former County Boroughs had derogation 
> <http://www.nottinghamcity.gov.uk/index.aspx?articleid=929#history>from the 
> original PRoW recording). It all looks pretty complicated, from the 
> minutes of the Nottingham Local Access Forum:
>
> "The Nottingham Park Estate Ltd has served notice on Nottingham City 
> Council under section 14(2)(a) of the Nottingham Park Estate Act 1990 
> to restrict public access along the footpath known as Park Road / 
> Lenton Road between the hours of 23.00 hrs and 05.00hrs. This route is 
> also subject to an opposed modification order published in January 
> 2009 under the Wildlife and Countryside Act 1981. Nottingham City 
> Council believes it is a right of way. Debate surrounds which Act of 
> Parliament may take precedence; Nottingham Park Estate Act 1990 or the 
> Highways Act 1980. Most likely this case will need to be resolved at 
> the High Court following the initial decision on the opposed order by 
> the Planning Inspectorate. Agreed that Forum should make formal 
> objection."
>
> More information on Robert Howard's blog 
> <http://www.parkviews.org/Parkviews/Footpaths.html>.
>
> Seems I'm not the only one confused by access status here. ;-)
>
Oh, that Act of Parliament is a gem isn't it? Fancy giving a private 
company the ability to suspend public rights of way on its whim (14.2.a 
says:

(2) Subject to the following provisions of this section, so long as the 
estate roads continue not to be highways maintainable at the public 
expense the Company may within the estate, for the benefit of the estate 
generally, so far as it considers it reasonable—
   (a) stop up or obstruct estate roads for all traffic or for any class 
of traffic or subject to the reservation of a footpath or cycle path; and

then it goes on:

(3) As from the stopping up or obstruction of any estate road for all 
traffic or for any class of traffic under subsection (2) (a) above all 
rights of way subsisting over that road so far as they would otherwise 
be exercisable by traffic or, as the case may be, by traffic of that 
class shall be suspended.

To my layman's brane, it does seem that Parliament seems to have 
cancelled the rights to cross the Estate, whether intentionally or not.

Interesting.

Spenny