Byways open to all traffic (BOATs)

The Rights of Way Group continues to help to oppose claims submitted by the Trail Riders Fellowship (TRF) that particular public rights of way should be designated as BOATs and therefore open to vehicles.

The TRF has submitted 22 such claims affecting the Chilterns Area of Natural Beauty in Bucks. The County Council turned down all 22 but after appeal by the TRF to the Secretary of State, DEFRA were required to issue Orders for redesignation in 15.

Once Orders have been published there is a 6 weeks period in which the public can raise objections, failing which they are confirmed. On the other hand if there are objections the case goes to a Public Inquiry. Procedural delays along the way mean that the process is still under way in many of these cases in Bucks.

The point at issue is whether there is evidence of previous historical use of these highways by public vehicles. There is rarely written or photographic evidence and therefore judgement has to be made based upon interpretation of what is shown on accepted historical maps showing the rights of way at various times. This is indirect and academic and always debatable. So we have presented cases based upon the same data available to the inspector that contradict his ruling. These are supported by evidence currently available "on the ground".

Of the five claims made in and around Chesham, two have failed. The County Council on the instruction of the Secretary of State made orders relating to the other three (Bottom Lane, Bunns Lane and Trapps Lane), following which some 430 objections were lodged with Bucks CC before the deadline of 14th September 2007. This was a remarkable effort by the public and showed the depth of feeling against these Orders in this area of beautiful rolling countryside. We are awaiting notification of a date for the Public Enquiry which has been promised by Defra for late 2008.

The Rights of Way Group on behalf of the public has assisted in compiling relevant evidence to formulate objections to orders in advance of them being published so that letters of objection can be sent within the 6 week period. This is essential because of the many months it takes for volunteers first to understand the process, and secondly to investigate and track down relevant historical evidence as to whether there has ever been public vehicular use on these routes.