NERCA Update

Regular readers will recall that the Natural Environment and Rural Communities Act 2006 (NERCA) has been enthusiastically welcomed by The Friends of The Ridgeway. Part of the provisions of NERCA relate to rights of way, and in particular the introduction of the new category of Restricted Byway. Most of The Ridgeway in Oxfordshire and West Berkshire has now become a Restricted Byway and as such is now free of motorised vehicles.

As ever with a new piece of legislation, there are one or two provisions of the Act where there could be difficulties in interpretation. Through the Green Lanes Protection Group (of which we are members and I am Chairman), we commissioned a QC to give us an opinion on these matters. We used one of the leading rights of way specialists, George Laurence QC, and your society made a donation to his costs.

Naturally, the opinion is complex and of most interest to rights of way anoraks! The key issues that concern us are around where the burden of proof lies in outstanding claims to reclassify routes as Byways Open to All Traffic (BOATs). We are pleased that the burden of proof in such cases falls on the claimant (i.e. usually the off-roaders) and not upon objectors (i.e. groups like us). We are also pleased that our interpretation of the 'user test' (the test to decide what the principal use of route has been in the five years running up to NERCA) has proved correct in the eyes of George Laurence.

Members who suffer from insomnia are welcome to email me at ian.ritchie@ukonline.co.uk to request a full copy (all 30 pages!) of the opinion!

Ian Ritchie