A pat on the back for Pete Turthill

[Brian]

I see in Open Space, the magazine of the Open Spaces Society, that Pete
Turtill gets a mention:

"Pete Turtill, our local correspondent for Ipswich in Suffolk, fights for
paths and, now that he has to use a wheelchair, knows how important it is
for routes to be easily usable." He is one of four new trustees that the
Open Spaces Society welcomes on board.

In a separate article, his campaign to persuade Suffolk County Council to
prepare a definitive map of public paths is highlighted. The Open Spaces
Society report:

"For years the people of Ipswich have been denied their right to walk the
many paths in the town and its surrounding countryside because the council
has failed to record them on the official map, and no one knows they exist.
Many routes have been engulfed by development and can never be retrieved. We
want the remainder to be properly recorded before it's too late."

I don't know Mr Turthill personally and know nothing more about him than I
have read on uk.rec.rights-of-way but in my opinion people like him do great
service for the public so deserve encouragement, and a pat on the back at
least.

Brian

[tur...@defmap.com]

Thank you for your kind words Brian. I am at present busy with a S.137
HA action. http://salthouselane.blogspot.com It is my first attempt at
this. If it works I expect to be running with another dozen or so in
the near future.

pete
http://www.oss.org.uk

[Brian]

Pete Turthill wrote:
> Thank you for your kind words Brian. I am at present busy with a S.137
> HA action. http://salthouselane.blogspot.com It is my first attempt at
> this. If it works I expect to be running with another dozen or so in
> the near future.
>
> pete

It seems to me that Ipswich Borough Council and Salthouse Harbour Hotel are
relying on the issue of the route not being a public right of way; Mr Fish
in his e-mail, and Mr Farthing in his letter dated 17 October 2008. It might
be as well to ask Mr Fish to confirm (given he does not recognise the route
as a public right of way or a highway maintainable at public expense)
whether or not his council considers the route to be an Unadopted Highway.
It would seem logical that the council should and that it would be recorded
by the highway authority as such. Do you know who has maintained or who is
currently responsible for the surface?

In his book 'An Introduction to Highway Law' (ISBN 0 7219 1330 X, Publisher
Shaw & Sons, First published 1993, Reprinted 1997), Michael Orlick -
Solicitor writes:

"Unadopted highways
Whether a road is maintainable at the public expense or not is irrelevant to
whether it is a highway or not. If the road has been dedicated a right of
way for the public[*], it is a highway and every subject of the Crown has
the same right for passage along it, as along a highway maintained at the
public expense by the Department of Transport or the local Council.

It is just as much an offence to obstruct such an unadopted highway as any
other highway. Residents often think, quite erroneously, that, as they pay
for the upkeep of "their road", they can obstruct it, for example by putting
down ramps to slow down traffic or by erecting locked gates: they cannot and
charges of obstructing the highway or depositing materials in the highway
could be brought against them."

[*]Your contention is that it has been dedicated as a public highway (a
BOAT) because there is evidence (and which you have yet to submit). It's
just that it hasn't been recorded on a definitive map and statement (DM&S) -
not least because there isn't a DM&S for that area.

It would be interesting to see whether or not by submitting an application
for a Definitive Map Modification Order, for an area where there was no
definitive map, you would cause a definitive map and statement to be
published.

Good luck.

Brian

[tur...@defmap.com]

Thanks for your good wishes. The route was recognised as a RoW by the
planning dept but they were more or less told to mind their own
business by the transport dept. I have known it as a RoW all my life
and until the day it was blocked I drove along it daily. It has double
yellows but I do not know who put them down. I have about 15 DM
modification applications outstanding now. The oldest is 3 years old
and that tales into account the SoS has asked the CC to speed things
up. I have stopped applying for DM modifications as it takes so long.
The Salthouse Lane issue is very much an experiment as I have never
actually had to apply for a summons before. Even the folks at the
Magistrates Court do not know how to issue one. I have been advised by
the RA solicitor about procedure and of course I have referred to the
Blue Book. I also have a number of witnesses prepared to explain how
and when they have used it. It is an uphill battle but it makes for an
interesting life:-)

pete
http://www.oss.org.uk

[Brian]

Pete Turthill wrote:

> Thanks for your good wishes. The route was recognised as a RoW by the
> planning dept but they were more or less told to mind their own
> business by the transport dept. I have known it as a RoW all my life
> and until the day it was blocked I drove along it daily. It has double
> yellows but I do not know who put them down. I have about 15 DM
> modification applications outstanding now. The oldest is 3 years old
> and that tales into account the SoS has asked the CC to speed things
> up. I have stopped applying for DM modifications as it takes so long.
> The Salthouse Lane issue is very much an experiment as I have never
> actually had to apply for a summons before. Even the folks at the
> Magistrates Court do not know how to issue one. I have been advised by
> the RA solicitor about procedure and of course I have referred to the
> Blue Book. I also have a number of witnesses prepared to explain how
> and when they have used it. It is an uphill battle but it makes for an
> interesting life:-)
>
> pete
> http://www.oss.org.uk

Well you seem to have things covered and the benefit of advice from The
Ramblers' so I wish you good luck to accompany your obvious tenacity.

You have stirred my interest so I will keep an eye on this newsgroup and
your blog.

Brian

Brian

[tur...@defmap.com]

On Mon, 27 Oct 2008 15:05:53 -0000, "Brian"
<brianw...@ntlworld.com> wrote:

>Well you seem to have things covered and the benefit of advice from The
>Ramblers' so I wish you good luck to accompany your obvious tenacity.
>
>You have stirred my interest so I will keep an eye on this newsgroup and
>your blog.

I will update the blog as and when anything happens good or bad so
others can watch and learn should I make many mistakes. I have updated
it today and I will be doing so again very soon. Thanks for your good
wishes.
pete
http://www.oss.org.uk