Monday, June 13, 2005
Redheads Landing
Readhead's Landing
It appears that the access to the river at Redhead's Landing is not currently a Public Right of Way, and that the Council is not in a position to require the gates to be unlocked.
I have received the following from Terry Collins, Head of Streetscape;
Hi Graham - I hope that the following is helpful although as you can see this issue is complicated. This is advice I have received from our Legal section following a similar request for information by a resident.
Regards
Terry
(Script from the Legal Dept.)
I note that you have received a request from a resident who has written requesting your help in securing the re-opening of a route down to the river, leading to a slipway known as Redhead's Landing. In addition the resident has informed you that a gate and side door have recently been bolted shut by an unknown party to prevent the public using the area.
The resident refers to the route as being a Public Right of Way but various Council Officers have carried out extensive investigation into the status of this route and there does not appear at this present time to be a Public Right of Way recognised in relation to it.
The Councils Rights of Way Officer has confirmed the route is not recorded as a Public Right of Way on the Definitive Map for the area (the Definitive Map being the place where all formal Rights of Way not being adopted Highway are recorded). Equally, it is not listed in the Council's records of adopted Highway kept under the Highways Act 1980. Nor is the land Council owned (it is privately owned by an unknown party).
As there is insufficient evidence to establish that the area in question is Highway and the Council does not own the land, it is not possible for the Council to take any action to require removal of the locked gate.
Please note, however, that should the complainant (or anyone else for that matter) have sufficient evidence of long user, he may make an application to have the alleged way added to the definitive map. This is a potentially complex process involving a formal application to the Council. It would be necessary for the applicant to prove that the route has been used as of right by the public for a continuous period of twenty years or more. If the resident wishes to commence this process or wishes to find out more about it, I would suggest he contact in writing the Council's Rights of Way Officer, Kevin Vigars, at these offices.
I hope the information given above is sufficient for your purposes but should you require anything further, I shall be happy to assist.
Terry Collins
Head of Streetscape
South Tyneside Council
Middlefields
I have asked Terry to pass on this photograph as a first step in gathering evidence - click to enlarge.
_________________________________________________________________
It appears that the access to the river at Redhead's Landing is not currently a Public Right of Way, and that the Council is not in a position to require the gates to be unlocked.
I have received the following from Terry Collins, Head of Streetscape;
Hi Graham - I hope that the following is helpful although as you can see this issue is complicated. This is advice I have received from our Legal section following a similar request for information by a resident.
Regards
Terry
(Script from the Legal Dept.)
I note that you have received a request from a resident who has written requesting your help in securing the re-opening of a route down to the river, leading to a slipway known as Redhead's Landing. In addition the resident has informed you that a gate and side door have recently been bolted shut by an unknown party to prevent the public using the area.
The resident refers to the route as being a Public Right of Way but various Council Officers have carried out extensive investigation into the status of this route and there does not appear at this present time to be a Public Right of Way recognised in relation to it.
The Councils Rights of Way Officer has confirmed the route is not recorded as a Public Right of Way on the Definitive Map for the area (the Definitive Map being the place where all formal Rights of Way not being adopted Highway are recorded). Equally, it is not listed in the Council's records of adopted Highway kept under the Highways Act 1980. Nor is the land Council owned (it is privately owned by an unknown party).
As there is insufficient evidence to establish that the area in question is Highway and the Council does not own the land, it is not possible for the Council to take any action to require removal of the locked gate.
Please note, however, that should the complainant (or anyone else for that matter) have sufficient evidence of long user, he may make an application to have the alleged way added to the definitive map. This is a potentially complex process involving a formal application to the Council. It would be necessary for the applicant to prove that the route has been used as of right by the public for a continuous period of twenty years or more. If the resident wishes to commence this process or wishes to find out more about it, I would suggest he contact in writing the Council's Rights of Way Officer, Kevin Vigars, at these offices.
I hope the information given above is sufficient for your purposes but should you require anything further, I shall be happy to assist.
Terry Collins
Head of Streetscape
South Tyneside Council
Middlefields
I have asked Terry to pass on this photograph as a first step in gathering evidence - click to enlarge.
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