- Request
-
Please could you tell me if the middle section of Green lane from South Lodge to the Rimac works was publicly maintainable at 2 May 2006, given that OS mapping suggests it was not?
The OS would have based their classification of it on information given to them by Lincs CC.
It follows that, if, as the OS Map suggests, the middle section was not a U.U.R. at that time when the OS compiled the OPRA information from highway authorities' maps of publicly maintainable highways, it therefore becomes a restricted byway, not a B.O.A.T. This is an
FOI request.
I would also like to know how it is that you have made a restricted byway into a de facto BOAT, which is completely illegal under the NERCA 2006 and a danger to people walking at narrower blind spots (eg near Cedar cottage) as well as a threat to the huge diversity of wildlife in that wood. Moreover, you have done this at considerable public expense in response to a request from an Off Road campaigning group who were driving up and down it within days of your work being completed (see attachment) - Decision
-
I have detailed below the information that is being released to you about your enquiry regarding the status of Green Lane, Syston.
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; i.e. 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:-
• Not relevant as not a Public Right of Way
• Not relevant as not a Public Right of Way
• £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.
- Reference number
- FOI 10370077
- Date request received
- 21/08/24
- Date of decision
- 18/09/24