Can a bridleway be tarmac'd?
Discussion
From a conversation with SWMBO'd recently, bridleways cannot be tarmac'd. the conversation started when we saw a council notice of prohibition on a pile of tarmac ready to be laid stating that if this were to be used, then the law would be broken and the offenders prosecuted.
The bridleway in question also formed a quarter mile driveway to the gates of a farmhouse, which is where the pile of tarmac was located.
If you can get planning permission, then tghat may be another story.
The bridleway in question also formed a quarter mile driveway to the gates of a farmhouse, which is where the pile of tarmac was located.
If you can get planning permission, then tghat may be another story.
The horse-riding lot won't like it
More info here: bridlewayaction.com - Bridleways and the Law
1980-highway-act said:
Section 62 (2) of the Highways Act 1980 gives Local Highway Authorities a power to carry out works to improve highways.
The Court of Appeal in the case of Cowen –v- Secretary of State for the Department of Environment Transport and the Regions (1999) 3PLR108 concluded that if the construction of a hard surface changes the character of a way it goes beyond ‘improvement’.
It will always be a matter of fact that tarmacing a bridleway will change its character. When deciding to tarmac a bridleway, the highway authority should take safety implications and the enjoyment of current users, including riders, into consideration.
Improvements to a bridleway must make the way easier, safer, or more enjoyable for its users, enhancing its suitability for use. Any works to a bridleway which detract from its suitability might not be a proper exercise of the highway authority’s power to improve a highway.
A Local Highway Authority does not have to apply for planning permission to carry out any maintenance or improvement works to a bridleway. This exemption from planning controls does not apply to a landowner who is not a local highway authority.
If you are faced with proposals for the metalling / tarmacing of bridleways, we advise that you:
1) Ask the Local Highway Authority to confirm whether a planning application will be required for the work. If the reply is that one is not required then request the reasons for that decision.
2) If the proposal is to tarmac the bridleway, check that stone mastic asphalt (SMA) is not to be used.
Where a bridleway has been surfaced without planning permission from the local highway authority, you should:
1.
Ask the Local Highway Authority why an application for planning permission has not been submitted.
2.
Ask the Local Highway Authority whether enforcement action will be taken.
3.
If the Local Highway Authority have carried out the surfacing themselves, or given permission for the surfacing to be carried out, ask them to set out in writing what they took into account in coming to the decision to tarmac the route
sourceThe Court of Appeal in the case of Cowen –v- Secretary of State for the Department of Environment Transport and the Regions (1999) 3PLR108 concluded that if the construction of a hard surface changes the character of a way it goes beyond ‘improvement’.
It will always be a matter of fact that tarmacing a bridleway will change its character. When deciding to tarmac a bridleway, the highway authority should take safety implications and the enjoyment of current users, including riders, into consideration.
Improvements to a bridleway must make the way easier, safer, or more enjoyable for its users, enhancing its suitability for use. Any works to a bridleway which detract from its suitability might not be a proper exercise of the highway authority’s power to improve a highway.
A Local Highway Authority does not have to apply for planning permission to carry out any maintenance or improvement works to a bridleway. This exemption from planning controls does not apply to a landowner who is not a local highway authority.
If you are faced with proposals for the metalling / tarmacing of bridleways, we advise that you:
1) Ask the Local Highway Authority to confirm whether a planning application will be required for the work. If the reply is that one is not required then request the reasons for that decision.
2) If the proposal is to tarmac the bridleway, check that stone mastic asphalt (SMA) is not to be used.
Where a bridleway has been surfaced without planning permission from the local highway authority, you should:
1.
Ask the Local Highway Authority why an application for planning permission has not been submitted.
2.
Ask the Local Highway Authority whether enforcement action will be taken.
3.
If the Local Highway Authority have carried out the surfacing themselves, or given permission for the surfacing to be carried out, ask them to set out in writing what they took into account in coming to the decision to tarmac the route
More info here: bridlewayaction.com - Bridleways and the Law
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