A Byway Open to All Traffic - Find a freedom of information request

The OS Map does NOT mark Green Lane between South Lodge and the Rimac works as a Byway Open to All Traffic.  By creating this vehicular access, you appear to have acted illegally in contravention of the NERC Act 2006 unless you can prove one of the eight exceptions.  

1) Please provide evidence that before the 20th January 2005  any application was made under s53(5) of the Wildlife and Countryside Act 1981 for an order modifying the DM and S (e.g. the OS Map 247) so as to show the path as a BOAT.

2) Please let me know what evidence you have - if any -  that this footpath is or was ever a BOAT.

3) Please also tell me what was the total cost to Lincs CC of the clearing work that you undertook.

The lane is an historical highway which is an unclassified road being a highway maintainable at public expense which is open to all classes of highway user, eg, vehicles, horse riders, cyclists and pedestrians.

It is listed on the List of Streets which Lincolnshire County Council, as highway authority, is legally obliged to do under s36(6) of the Highways Act 1980 and therefore the NERC Act 2006 does not apply .

It is not classified as a Public Right of Way and therefore does not feature on the Definitive Map and Statement; ie it is not a Byway Open to All Traffic.

There are many historical roads that do not have made up carriageways and have effectively become ‘green lanes’ which are more suitable for pedestrians, but this does not mean their vehicular rights have been removed.

The Council has a statutory duty to maintain the highway to the standard commensurate with its use. We believe we have achieved this with the recent works to cut back vegetation.

In answer to your specific questions:-

1. Not relevant as not a Public Right of Way

2. Not relevant as not a Public Right of Way

3. £3230.43

For your information a plan showing the extent and route of the highway is shown attached.

Should you require the attachment mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and this can be provided.