Rosses and Guises Lanes, Wichenford

Background

Following extensive research, the County Council completed reports into the condition, status, ecology and archaeology of Guises Lane and Rosses Lane. These reports are provided below.

The conclusions reached from this research was that:

There is cogent evidence to indicate that the two lanes formed part of the local highway network and that public vehicular rights subsist on them. However, the evidence indicates that public vehicular rights were acquired by non-mechanically propelled vehicles, and does not indicate that mechanically propelled vehicular rights have been acquired. It was therefore considered that the designation of the lanes as Restricted Byways would be most appropriate.

In respect of the findings of the ecology, archaeology and condition reports, the County Council should adopt a precautionary approach to the protection and preservation of both lanes and in addition management issues, leading the County Council to take a view that vehicular use of the lanes should not be permitted.

In the light of the above it was resolved that:

The temporary Traffic Regulation Orders on both lanes should be extended to enable the County Council to;
Make Definitive Map Modification Orders (DMMO’s) to record the public rights in the Definitive Map and Statement as Restricted Byways,
Consider proposals to make permanent Traffic Regulation Orders (TRO’s) for both lanes to prevent vehicular access,
A management plan to be completed for both lanes, taking into account key issues raised in the ecology and archaeology reports.

Point 1 is ongoing and work on points 3 and 4 is dependent on the outcome of point 2.

Regarding point 2, Definitive Map Modification Orders were made and advertised earlier this year which if confirmed would record the lanes as Restricted Byways on the Definive Map and Statement. However, objections resulted in the Orders being referred to the Planning Inspectorate, who in turn convened a public local inquiry and appointed an independent Inspector to hear evidence for and against the confirmation of the Orders. The inquiry held on 23 October 2007 lasted 3 days and resulted in the Inspector making an interim decision on the Orders - a copy of the report is provided below. See Guises Lane and Rosses Lane Inspector’s Report.

The Inspector proposed to confirm the Orders subject to modifications i.e. replacing all references to “Restricted Byway” in the Orders with “Byway Open to All Traffic”. Since these modifications will change the way the lanes will be recorded in the Definitive Map and Statement, the Inspector was legally required to re-advertise the Orders so as to give an opportunity for objections and representations to be made to the proposed modifications.

Current Position

The readvertised Orders received a number of objections and so the Inspector decided to re-open the public inquiry to hear new evidence into the unmodificed part of the Orders and concurently, hold a public inquiry into the Inspector’s proposed modifications to the Orders. The Inquiry was held on 27 August 2008 and lasted 1 day.

The County Council continues to hold the view that it is appropriate for Guises Lane and Rosses Lane to be shown on the Definitive Map and Statement as Restricted Byways and dispute the Inspector’s conclusion (and the reasons for it) that the lanes should be shown as Byways Open to All Traffic. The County Council therefore objected to the re-advertised Orders and also advised that it reserves the right to challenge any final decision on the Orders which would show Guises Lane and Rosses Lane as Byways Open to All Traffic.

The County Council now await the Inspector’s final decision on the Orders.