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Who owns the bridges?


Chasbo

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The legal requirements are in Section 59 of the Wildlife & Countryside Act 1981

 

So it is:

 

59 Prohibition on keeping bulls on land crossed by public rights of way.

 

(1)If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding [F393level 3 on the standard scale].

 

(2)Subsection (1) shall not apply to any bull which—

 

(a)does not exceed the age of ten months; or

(b)is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

 

(3)Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).

 

(4)In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

 

(5)The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

 

http://www.legislation.gov.uk/ukpga/1981/69

 

Thanks for that, I do enjoy these little excursions

 

Richard

 

I found this clicky

 

And this clicky which quotes the relevant legislation

 

Including a handy bull spotter - in black and white

 

dairy_cattle.gifbeef_cattle.gif

 

Richard

 

<makes a note, dairy bulls look to the right, beef bulls look to the left>

Edited by RLWP
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The problem with the legislation is there's about 200 cattle breeds! Some of which are dairy, some are beef and some are dual purpose. For example, Brown Swiss isn't on the list of diary breeds in the legislation, but is definitely a 'lively' temprement and I'd not be putting one into a field with public access. The crosses are worse, too!

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I don't know where you'd find the relevant law, but from knowledge:

 

- field with RoW can only be ploughed if the RoW runs across the field. Ie if its along the edge, then this can't be ploughed. If its ploughed, it needs to be reinstated in max 14 days.

 

- Dairy bull(s) cannot be put into a field with a footpath through it. There's recognised dairy breeds in the laws. Beef breed bull(s) can be put in, but only with heifers/cows present in the field too.

 

 

Someone's going to point out that 1 doesn't apply for restricted byways and 2 doesn't apply for open moorland....

 

Here's the full gist:

 

Farmers and landowners can only plough cross-field footpaths and bridleways where it cannot be avoided. It is a legal requirement that these paths are reinstated by making sure it is reasonably convenient to use and clearly marked on the ground within 14 days of ploughing.

 

Any subsequent disturbance of the same path (e.g. harrowing) should be reinstated within 24 hours.

 

It is not permissible to plough

 

any field-edge right of way

restricted byway

any Byway Open To All Traffic (BOAT)

The Rights of Way Act 1990 sets out legal widths for the reinstatement of public rights of way after ploughing or sowing crops.

 

Paths that have been disturbed should be reinstated to a minimum width of:

 

1.0 metre for a crossfield footpath

2.0 metres for a crossfield bridleway

Farmers are not permitted to plough field edge paths and the minimum widths that should be left undisturbed are:

 

1.5 metres for a field edge footpath

3.0 metres for a field edge bridleway

 

Edited to add: I'm just repeating what others have said because I hit"Add reply" before reading the last page. :blush:

Edited by carlt
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Anyway, to go back to the original subject. If anyone would like to own a bridge, I have a nice one in London I can sell you

 

Richard

 

..is it the one that goes up and downy?

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Here's the full gist:

 

 

 

Edited to add: I'm just repeating what others have said because I hit"Add reply" before reading the last page. :blush:

Actually I think you will find the crow act has superseded some of this. It has certainly mucked up what can be put on a common with TRTR, but they don't want to touch it, as it will cause the 2015 dead line date to be amended.

--

cheers Ian Mac

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Either way CRT have the knowledge re who is responsible for what. The Waterways Archive (owned and managed by CRT/TWT)holds a full copy of the 1963-66 Comprehensive Engineering Survey which gives full details for all structures including bridges and says who held responsibility then and more than likely does so now.

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Actually I think you will find the crow act has superseded some of this.

Probably.

 

My professional knowledge of such matters is now 15 years out of date.

 

Either way CRT have the knowledge re who is responsible for what. The Waterways Archive (owned and managed by CRT/TWT)holds a full copy of the 1963-66 Comprehensive Engineering Survey which gives full details for all structures including bridges and says who held responsibility then and more than likely does so now.

Well they certainly didn't impart much knowledge whenever I had dealings with them in the 90s.

 

The most common response to "Is it your bridge or mine?" was invariably a disinterested shrug and it was left to me to do the research.

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Getting a bit off topic, but whilst CROW upset some, what it became embodied in in 2006 with the Natural Environment and Rural Communities Act has upset more. Though the upshot was (and is) that the Countryside Landowners Alliance and various parliamentarians supporting GLEAM were hand in glove in assuring their stakeholders benefited most. The general public least.

 

There's a pdf available using the search facility and putting 'David sees Goliath' in the search box HERE.

 

Nothing to do with bridges though.

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