Bridleway Closure

"The background is that Rudding Park offered to create a section of bridleway along the old railway line with a view to connecting to the route which approaches from the north west across land owned by Fulwith Mill, this was to achieved by way of a creation agreement. As required by law, Follifoot Parish Council were consulted and raised no objection but crucially the landowners at Fulwith Mill were not consulted as it was believed that all the land involved was in Rudding Park ownership.

The Creation Agreement was signed by Rudding Park and sealed by NYCC which had the effect of bringing the route into legal existence. When County Council officers attended to carry out some works to bring the route into being on the ground it became apparent that the connecting bridleway on Fulwith Mill land stopped some 2 metres short of the property boundary. This meant that there would be a gap between the routes and the owners of Fulwith Mill have declined to dedicate that section as a public right of way.

When the Definitive Map was drawn up in the 1950s and early 1960s, routes were claimed on a parish level and so stopped at a parish boundary unless a connecting route in the neighbouring parish was also claimed. At the time, the Ramblers Association went through a full legal process to try and claim routes connecting with this bridleway and running up into Rudding Park, this went as far as the High Court and was rejected. The issue here is that the Parish boundary is not aligned with the property boundary and creates the 2 metre gap.

Consequently the new bridleway is a cul de sac route which ends at Point B on the plan, Point B is not also the end of the existing bridleway but that cannot be seen at that map scale.

When this came to light, Rudding Park asked that the route be removed as they did not wish to have a cul de sac route on their land and would not have offered to dedicate such a route. It is unfortunate that this issue did not come to light before the Creation Agreement was sealed, had that been the case, the process would have stopped and no new route created.

That led NYCC to consider all options but in the light of the reluctance of the owners of Fulwith Mill to accept a route with the resource and financial implication of attempting to impose a route in these circumstance, the decision was made to apply for a Stopping up Order and a date was booked with the Magistrates Court.

As a result of receiving notification of objections from a number of parties, a decision was made to withdraw the application in order. This was not because of any defect in the application or the notice, the British Horse Society had offered to try and negotiate a solution with the landowners and NYCC have agreed not to proceed with the Stopping Up for the time being in order to facilitate that course of action.

It should be noted that, contrary to the statement on your website, the route does not connect to old bridleways at both ends and if it remains in place it will not provide a circular route, there remains a gap between the two routes which the public have no legal right to use and across which the landowner is opposed to the creation of a connecting section of bridleway. "

11th August 2018

Rudding Estates have proceeded with their plan to have a bridleway along the old dismantled railway line in the Crimple Valley. The new bridleway has been created, though this is not widely known.

A legal dispute appears to have arisen between Rudding Estates and the adjacent owners of the Fulwith Mill Farm lands over the ownership ( or access rights) of some (or the whole) of the land between A and B on the detailed map.

As a consequence of that dispute NYCC is now asking for a formal closing of the recently created bridleway.

The Save Crimple Valley Group has carefully studied the intention of the North Yokshire County Council to apply, on 21 August 2018 for an order to authorise the stopping up of a length of the Bridleway between points A and B on the map bearing the NYCC reference HAR/2013/18/CA.

The reason given for the application is that the Bridleway is unnecessary. This Group recognizes that the Bridleway in question is is of recent origin and also that it connects at both extremities to much older and much used Bridleways. It thus affords the possibilty of a circular path taking in the Crimple Viaduct, which is a Listed Structure, and the Crimple Valley which is part of a Special Ladscape Area.

It is difficult to see how this Bridleway can be deemed unnecessary since it is, at present not well known and hence little used. For this reason and to preserve the potential of having a circular path this Group wishes to object to the making of the the stopping up order. If there are other reasons for making the order this Group suggests that the application be adjourned for fuller consideration.

It may well be that if there are objections that NYCC ask for an adjournment in order to consider the case and allow time to prepare a response.

Contact details:

Clerk to the Magistrates
Harrogate Magistrates Court
Victoria Avenue
HG1 1EL
Ron Allan
Definitive Map Officer
Public Rights of Way
Waste and Countryside Service
County Hall
Northallerton
North Yorkshire
DL78AH
ron.allan@northyorks.gov.uk

Read the Save Crimple Valley Objection

The notice of bridleway stoppage (see picture top of page) has been removed (9th August 2018) for unknown reason.

Looking south on the new bridleway.

Stunning views of the Grade II listed Crimple Viaduct from new bridleway.

The new bridleway would join an existing bridleway allowing a circular walk around part of the valley close to the Crimple Viaduct. Access is currently blocked by barbed wire.

Save Crimple Valley Needs Your Help

Save Crimple Valley Group needs help dealing with preparing responses to planning matters. If you feel some commitment towards the Valley and would like to help please contact us.