Index
| Author | Angela Sydenham |
| Pages | 171-183 |
References are to page numbers.
Accommodation roads 5 see also Occupation roads
Adoption of private rights of way
13, 42, 47, 87, 88
Adverse possession of highways, whether possible 47, 59 Agriculture 14, 16, 25, 58
crops 54, 55, 56, 80–81 ploughing up of highway 35,
37, 53–54, 56, 153 diversion and extinguishment orders and 65, 67, 68–69, 70, 73–74
excavations, etc and 54–55,
56, 80
farm ditches, bridges over 83 use of CROWA 2000 access land for, effect on fishing rights 164
see also Animals; Hedges; Trees Animals
bulls 1, 56–57
dogs 9, 158, 165
driving of 3, 8, 9
game 6, 158
horses see Horses
livestock control
by obstruction of highways
28, 51–52, 53, 83
by temporary pens on other land 153
sheep 9, 158
specified diseases: Defra powers
80–81
see also Agriculture; Nature conservation
Appeals
against notices to cut back vegetation 50
against orders under s 116 HA
1980 65
planning appeals 76, 130 relating to modification order applications 114, 115, 116–117, 122, 128
see also Planning Inspectorate see also Judicial review; Statutory review
Areas of outstanding natural beauty (AONBs) 17n19, 70n59
Assemblies on highways 6–7
BOATs: introduction 3, 7–8, 45,
88, 90, 91, 97
crops and 53, 55, 56
gates, etc on 51–52
see also Gates; Obstruction of highways
NERCA 2006 and 8, 23–24 signposts 11
see also Carriageways; Creation of highways; Diversion and extinguishment of highways; Maintenance of highways; Width of highways and entries for other individual topics
172 Public Rights of Way: The Essential Law
Bridges 45, 55, 79, 83, 90, 150, 151 Bridleways: introduction 3, 8–9,
25, 27, 45, 90, 97
Byways and Bridleways Trust
101
conversion of other classes of highway to 24, 78 conversion to restricted byways
24
crops and 55, 56
see also Ploughing up of highways
driving on 10, 22–23, 37–38 excavations, etc on 54–55, 56 gates, etc on 51–52
see also Gates; Obstruction of highways improvement plans and 97 misleading notices on see Signs and notices, misleading wording
railway crossings and 79–80 signposts 11
width, in certain contexts 54,
55–56
see also Coastal access; Creation of highways; Diversion and extinguishment of highways; Maintenance of highways; Width of highways and entries for other individual topics
Broads Authority 14, 99 Buildings
effect on CROWA 2000 access rights 153
obstructing highways 66, 67 over or under highways 45, 46,
74
see also Historic Buildings and
Monuments Commission Bulls 1, 56–57
see also Agriculture; Animals
Burden of proof
common law right to plough
53
implied or deemed dedication of highways 18, 26, 32 Burial grounds 154
see also Church ways and churchyards
Byways see BOATs: introduction;
Restricted byways: introduction
Camping 6–7, 154 see also Caravans
Canals 8, 90
see also Towpaths
Caravans 10, 85, 154
see also Camping; Vehicles, mechanically propelled
Carriageways 3, 7–8, 51, 90, 147 conversion to footpath or bridleway 78
private, adoption as highways
13
unmade, crops and 55, 56 see also BOATs: introduction;
Creation of highways;
Diversion and extinguishment of highways; Maintenance of highways; Width of highways and entries for other individual topics Cattle grids 51n25
Church ways and churchyards 3,
5, 21, 32
see also Burial grounds Classification of highways: overview 7–9
changes to 3, 24, 25, 78, 88,
138–139
effect on definitive map 114,
118–119
Classification of highways: overview (continued)
changes to (continued)
RUPPS 2, 38, 53, 87–88, 90 relationship with trespass 10, 24 relevance to scope of improvement plans 97
see alsoentries for individual classes and wider topics
Classified roads 73, 78
Coastal access 147–167 introduction 2, 3, 4, 147–150
English coast: meaning 150–
151
excepted land 148–149, 151,
153–154, 160
access preparation period 163–
164
Approved Scheme: introduction
154–155, 158, 161 coastal margin 148–149, 151–
153, 153–155, 156, 157– 158, 163–165, 166 consultation 147, 156, 157 diversion of route 157, 164 erosion of route 59n4, 152,
156–157, 160
see also Erosion
liability issues 165–166
reports 147, 152, 154, 155–163 objections and representations
159–163
Wales 151, 166–167
see also CROWA 2000 access land, all types
Common land 3, 17–18, 22, 30–
31, 148, 152
see also CROWA 2000 access land, all types; Village greens Compensation
by persons relieved of maintenance liability 96
for conversion of footpath to cycle track 25
relating to public path orders: overview 72
see alsoentries for particular orders under planning law 76
see also Damages
Compulsory purchase of land 13,
45, 118
Conservation see Historic Buildings and Monuments Commission; Nature conservation Cornwall, Duchy of 31
Costs (of legal processes)
orders creating, diverting or stopping up highways 64, 68–69, 99
Planning Inspectorate procedures 140–141 Creation of highways 1, 13–39 introduction 1, 11, 13, 48
by adoption 13, 42, 47, 87, 88 by declaration 13, 14, 15
by dedication and acceptance
18–39
introduction 11, 13, 18, 21,
87
acceptance 18, 21 capacity to dedicate 13, 15,
31, 36, 37
implied (inferred) dedication at common law 2, 18, 19, 21, 23, 24, 25–31, 48 limitations 18, 28, 37–38,
47, 50, 53 mechanically propelled vehicles and 2, 8, 22– 24, 36, 37–38 re-dedication 37 statutory deemed dedication
4, 18, 19, 23, 24, 31–37, 48, 88
174 Public Rights of Way: The Essential Law
Creation of highways (continued) by dedication and acceptance
(continued)
user as of right 11, 19–20,
22, 23, 24, 25–27, 31, 32, 33
by public path creation agreement 13, 14–15, 67, 87, 118
by public path creation order
11, 13, 15–18, 87, 118, 136, 141
see also Public path orders, all types
concurrent diversion and/or extinguishment of another highway 17, 61, 67, 68, 69, 137
construction of highways 8, 13,
24, 75
NERCA 2006 and 2, 8, 23–24,
36
see also Extension of highways;
Width of highways Crime prevention 106–109...
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