1) the definition DCC use for a bridleway.
The County Council is legally obliged to use that which is defined by Statute:
Bridleway: A highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway (see section 329(1) of the Highways Act 1980, section 66(1) of the Wildlife and Countryside Act 1981 and Section 336(1) of the Town and Country Planning Act 1990). Section 30(1) of the Countryside Act 1968 gives the public the right to ride a bicycle on any bridleway but, in exercising that right, cyclists must give way to pedestrians and persons on horseback. Section 30(4) provides that section 30(1) shall not affect any definition of “bridleway” in the Countryside Act 1968 or any other Act.
2) the process and documentation required and used by DCC to adopt a bridle way for public vehicular use.
If they are willing and have the necessary power to do so, the owner(s) of the land crossed by the bridleway could expressly dedicate public rights for mechanically propelled vehicles over the way. The legal process through which this could be effected, and the local highway authority agree to undertake maintenance, would be under section 38(3)(a) of the Highways Act 1980.
Members of the public can apply for a Definitive Map Modification Order . The ability to record public rights for mechanically propelled vehicles was restricted by the Natural Environment and Rural Communities Act in 2006. Unless a route meets one of several limited exceptions set out in the Act, public rights for mechanically propelled vehicles have been extinguished. In which case, Restricted Byway is therefore the highest category of public right of way which could result should there be sufficient evidence to show that vehicular rights did exist. A restricted byway is a highway over which the public is entitled to travel on foot, horseback and with non-mechanically propelled vehicles (such as pedal cycles and horsedrawn vehicles). There may also be a right to drive animals along a restricted byway – waymarked in purple.
3) all evidence and documentation, including but not limited to emails, minutes, public notices, correspondence, applications etc, for all bridleways that have been adopted for vehicular use in part and/or in full, in Cullompton townsite devon since 1950.
We do not hold this information.
4) laws, acts, and policies DDC have in relation to uses of a bridleway
Bridleway: A highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway (see section 329(1) of the HA80, section 66(1) of the WCA81 and section 336(1) of the TCPA90). It should also be noted that section 30(1) of the Countryside Act 1968 gives the public the right to ride a bicycle on any bridleway but, in exercising that right, cyclists must give way to pedestrians and persons on horseback. Section 30(4) provides that section 30(1) shall not affect any definition of “bridleway” in the Countryside Act 1968 or any other Act.
Section 34 of the Road Traffic Act 1988: it is an offence to drive a mechanically-propelled vehicle without lawful authority on a footpath, bridleway or restricted byway.
Devon County Council’s Public Rights of Way Inspection and Maintenance webpages and the Condition Criteria used to inspect public rights of way – which includes public bridleways.
Landowners and others with private rights and easements who wish to improve the surface for such use can seek such permission from the County Council. This enables landowners and others with private rights and easements to apply for consent to change/improve the surface of a public right of way and to outline the work they wish to do at their own expense. This will enable surface suitability to be checked and for future maintenance responsibilities and requirements to be recorded. This does not change the public status of the route.
Could you please provide any and all documentation pertaining to:
1) any change of use of bridleway 28 in Cullompton since 1940.
There was no recorded public highway prior to 1 March 1958, which is the relevant date when Bridleway No 28, Cullompton was recorded on the Definitive Map and Statement between Tiverton Lane and New Street (Shortlands Lane) . There have been no legally made changes to the Definitive Map and Statement affecting Bridleway No.28.
We do not hold records of private rights and easements along the route.
2) any adoption of private land along Shortlands Lane, Cullompton, to be used as public highway since 1940.
We have no information concerning adoption of private land along Shortlands Lane, Cullompton, to be used as public highway, other than its designation as a public bridleway on the Definitive Map and Statement as referred to above.
More information can be viewed on a previous response via the link provided.