Bushey And District Footpaths Association (BADFA). News Page 2004

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BADFA's Year 2004 News

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News items in year 2004

Homefield Road path claim - Success December 2004
Commons Bill included in Queen's speech November 2004
Merryhill Walk & Interpretation boards October 2004
Countryside Code published July 2004
BADFA's response to CAP consultation June 2004
John Sears' Study Day 2004
Aerodrome dumps on and damages our paths
Talk to Friends of Bushey Museum
Radio masts and BADFA March 2004
Use of mechanically propelled vehicles on rights of way March 2004
More of CROW Act comes into operation March 2004
Alleyways to be closed off March 2004
Ramblers' Association helps BADFA - January 2004
New year walk 2004 - January 2004
Aldenham 31A success- January 2004

Homefield Road path claim - Success !
December 2004

This path is now formally listed as Bushey 55 after a saga going back ten years or more.
It is our first path claim to go through the Wildlife & Countryside Act claims procedure. County Hall dragged their feet around 1994 and we exercised our statutory right to appeal to the Secretary of State. County then promised the Secretary of State that they would complete the recording process within a few weeks. Last year (ie about eight years later) they made an order but failed to get the wording right so made a new order this year. This has now gone through all processes and the path will be shown on the next version of the definitive map and of the Ordnance Survey Pathfinder map.

The path is recorded as a bridleway. Lawful use includes foot, pushchair, wheelchair, cycle, horse. The whole width was recorded as public path and this bridleway is therefore no less than 35 metres at its widest.

A walk in October 2001 along the Homefield Road Path

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Commons Bill included in Queen's speech November 2004

A Commons Bill was announced in the Queen's speech, it will follow the rural white paper and aims to enhance the level of protection given to land that is recognised as "providing a significant part of the rural cultural identity of England and Wales".

Under the proposals farmers with grazing rights, known as "commoners", would be granted the powers to regulate their activities by setting up and operating new statutory commons associations, which will have legal powers to adopt rules by majority vote that are then binding on all members.

Mechanisms would also be put in place to bring up to date and maintain registers recording the ownership of common land and grazing rights. More info

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Merryhill Walk & Interpretation boards October 2004

Mayor of Hertsmere, October 10th, unveils the new interpretation board at the Greenway. This was followed by a walk led by Ian MacKay.
Opening interpretation board

Chris Beney and Dawn Fielding had put up some waymarks for the new walk in the previous week. All BADFA members had been sent the walk leaflet some weeks ago.

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Countryside Code published July 2004


	After quite widespread consultation by the Countryside Agency and Defra a new version of the Countryside Code has just been published. It can be downloaded from: http://www.countrysideaccess.gov.uk/countryside_code/ BADFA had made input as part of the consultation, we haven't yet thoroughly studied the final text to see if we like it. It is very difficult to draw up such a document so it is not surprising that at first reading there do seem to be some dubious parts. For example we are still exhorted not to harm plants. That is too simplistic, after all nettles and brambles on the path are plants. So are crops and even the code tells us to walk or ride through those, on the path line.
Another issue, identified by our chairman, he puts like this: I am most unhappy with part of the advice for land managers which reinforces an important misapprehension by the inclusion no less than four times of the words "your land". The vast majority of public paths are no more the land managers' land than are the lanes and roads between fields or beside their land (HA80 s263). I have found that once the notion of owning the paths can be debunked, farmers and others can work more constructively with users. So why on earth does the Commission encourage landholders to think they own the paths? More on ownership at: http://www.oss.org.uk/rights%20of%20way/ownership/ownership.htm Top of Page

BADFA's response to the
Common Agricultural Policy and rights of way consultation June 2004

Should funds be withheld for this?

Should farmers have their EC funding under the proposed new scheme made conditional upon compliance with rights of way law? BADFA says yes of course. We also point out that the Government (Defra) fail to state rights of way law correctly in their consultation and request correction. We then, in response to a specific Defra question, suggest an appropriate approach to enforcement.

The Defra questions and the full text of our response.

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Finch Lane Fields Bushey
Ecology & Conservation
John Sears' Study Day 6th June 2004

Despite disappointing numbers the day was a great success. John is very much at home in these fields and had lots of relevant anecdotes to tell. For a full report on the day go to:
Report written by Sally Banks

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Aerodrome dumps on and damages our paths
June2004

	Elstree Aerodrome people continue to demonstrate their lack of respect for our paths. This heap is on Bushey Bridleway 53, covering over much of its width and damaging the surface. The heap is around 8 foot high.

	And this photo shows Bushey RUPP 46 dug up and with works going on.

Elstree Aerodrome has shown little regard for its public paths over the years. For some years they ignored a safety requirement (which was a condition of their operating licence) requiring them to put signs on each path. They currently have barbed wire across path Aldenham 8 at their boundary, on land owned by the aerodrome landowner. A BADFA walk was told in 2003 that there was no public route, when there of course was.
They put a helicopter pad on path Bushey 46. And now this disruption.

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Talk to Friends of Bushey Museum
April 2004

Chris Beney photo by Patrick Forsyth

Chris Beney, BADFA chairman, gave a talk to the Friends of Bushey Museum on 20th April at the Bushey Centre. The subject was 105 Years of Paths Around Bushey. He actually went back further to AD 60. The 105 years was the span covered by the Watford Fieldpath Association, and William Morris, Octavia Hill, Alvar Liddell and Van Hoogstraten all featured. And of course Gaps Gates and Stiles. He reports that they were an excellent and responsive audience despite the numerous references he needed to make to various statutes and statutory procedures. BADFA gained several new members at the meeting.

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Radio Masts and BADFA
March 2004

The Watford Observer of 19th March had a report that seemed to say that BADFA supported the radio mast near Queens' school. That is not so, we spoke formally 'against' the proposal. We told Hertsmere explicitly that BADFA is against masts near public paths. In this case substantial numbers of BADFA members had supported the BADFA committee and succeeded in co-operation with Hertsmere in defeating the original siting proposals on appeal. The revised location was very much better and the chances of getting anything better still were very remote. We had worked with Hertsmere in getting substantial improvements in the visual appearance too. In view of all that, Hertsmere members were told that we could live with whatever decision they took. They decided to approve.

The part of the installation near the ground is to be screened by a substantial hedge when it grows out. The mast itself is an artificial Scots Pine. It sounds horrible, but in practice will probably be less obtrusive than a lattice tower. To the extent that it does intrude it may even make a point of interest now it is well away from path 12, the Finch Lane to Patchetts path.

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Use of mechanically propelled vehicles
on rights of way
March 2004

BADFA has responded to the government consultation paper. The proposal was for a one year cut-off for claims to record paths/lanes/roads as byways. There were in our view all sorts of disadvantages to this. It would be a near impossible time scale, it would cut across the Lost Ways project, it seemed to treat individual landholders more favourably than the public at large. The problems were not clearly stated and those that seemed to be identified could, we thought, be best dealt with by the use of already available sanctions and powers. 2026 will come soon enough at which time the process will largely have happened anyway.

Our response in PDF form, may be seen here.(51K)

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Alleyways to be closed off
Mar 2004

Alleyways that encourage anti-social behaviour are to be closed-off in a £2.3m scheme announced today (Early March 2004). Operation Gate-it will fund environmental improvements in communities across England and Wales. The scheme will pay for gates, CCTV and lighting to increase security.

Sixty small projects costing £10,000 each and 10 flagship projects of £40,000 each will be funded by the investment.

Home Office Minister Hazel Blears said putting a gate at the end of an alley we can simply and quickly stop many anti-social incidents. "Yobs who race down alleys on motorbikes or hang about in rowdy threatening groups can cause real problems for communities," she said.

Local Environmental Quality Minister Alun Michael said he was in no doubt that some alleyways become a magnet for criminals. He added that it was important that the amenity value of any route is considered before looking to close it.

"We are working with local authorities to ensure that they have the information they need to use these powers appropriately and that the action they take will improve quality of life for the local communities they serve."

Note: BADFA is not in favour of closing alleyways except when they are demonstrably not public paths (definitive or non-definitive). Many alleyways are used as sustainable routes to shops, parks and schools. We are in favour of improving alleyways to make them safer for the users, many have been unlawfully fenced in by adjoining landowners. Opening them up also reduces anti-social behaviour.
Where there is real potential danger to the public from actual misuse, and where all other reasonable methods of preventing this misuse have been found impracticable, then minimum barriers such as chicanes or disabled-friendly kissing gates would get our support.

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More of the CROW Act comes into operation.
Feb 2004

More of the CROW Act has come into force on Friday 13th February (a nice choice of date):

The big one is CROW section 63, the power for individuals to require the highway authority to remove obstructions. The power was until last week confined to getting paths repaired, but not unobstructed.

Another law now in effect is CROW section 70(1) allowing bollards on bridleways for user safety.

Find details at:
http://www.uk-legislation.hmso.gov.uk/si/si2004/20040292.htm

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Ramblers' Association helps BADFA

BADFA is undertaking a digitization of the Watford Fieldpath Association archives dating from the late 19th century. Part of this process involves transcribing the original field note-books and minute books into computer files. This is quite costly and whilst BADFA could afford to start off the process it was in danger of grinding to a halt. This was mentioned at an opportune moment to the Ramblers and the result was a substantial donation by the Herts and North Middlesex area committee and a smaller, but still substantial, donation by the more local Finchley and Hornsea group.
Work is now well in hand to the digitising of the 1898 to 1902 field note-books and BADFA is most grateful to the Ramblers for making this possible.

A page from one of the field books (26th August 1899)

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New year walk 2004

Stop for hot mince pies and mulled wine

Thirty people came on the new year walk. The weather wasn't too bad, far better than new year 2003.
David Bearfield was ill and Chris Beney took over at short notice so predictably the walkers were subjected to several short stops at items of interest. One stop that everyone seemed to appreciate was for the hot mulled wine and mince pies [photo].
One stile on a non definitive path proved especially difficult during this walk and we will re-make representations to the Woodland Trust.

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Aldenham 31A Success

The inspector found in our favour. The archival material from the Watford Fieldpath Association (now part of BADFA) was a crucial part of the evidence. The deadline for any appeal to the High Court against the decision appears to have now passed and County Hall has promised enforcement action.

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