2 April 2003
Countryside and Rights of Way Act 2000 
 
WOMENWITH HILL WOMEN'S PEACE CAMP(AIGN)
P.O. BOX 105, HARROGATE HG3 2FE

There has to be a catch somewhere! Does the new Law really enable anybody to order the local Council to ensure that the offender (in this case MoD) removes obstruction across a right of way? Now read on...

2nd April 2003

Public Rights of Way Officer,
North York Moors National Park Authority,
The Old Vicarage,
Helmsley. YO62 5BP

Dear Ms Coop,

Re: 'RAF' Fylingdales: Bridleways and boundaries:
Bridleways 500200 and 524206:
Countryside and Rights of Way Act 2000: Section 63(1):

Under the powers that came into effect on 21st November 2002, which enable any person to serve notice on a Highway Authority, requesting it to secure the removal of an obstruction:

Herewith service of

NOTICE TO REMOVE OBSTRUCTIONS

1. The North Yorkshire County Council has delegated its powers and responsibilities in respect of the highways in the area to the North York Moors National Park Authority.

2. The Ministry of Defence has unlawfully obstructed, by security fences, the bridleway known as Western Bridleway 524206, at a point approximately OS SE863970, such that the bridleway is inaccessible to the public.

3. The Ministry of Defence has unlawfully obstructed by security fences, the bridleway known as Eastern Bridleway 500200 such that a section of the right of way between points approximately OS SE868966 and SE871968 is inaccessible to the public.

4. The Under Secretary of State for Defence, Dr Lewis Moonie, has admitted the unlawful obstructions.
(Letter dated 3 February 2003, from Dr Lewis Moonie, Under Secretary of State for Defence. Copy enclosed).

5. The action taken by the Under Secretary of State for Defence to remedy the offence of obstruction in the case of bridleway 524206 is deemed unlawful, in that the power to extinguish the right of way is said wrongly to be the Defence Act 1842. No alternative route has been provided in accordance with the terms of legislation.

6. In respect of bridleway 500200, the Forest Enterprise Agency of the Forestry Commission has acknowledged the 'encroachment by the Ministry of Defence onto land held by the Forestry Commissioners'. (Letter dated 13 March 2003, from Andrew Smith, Forest District Manager, Forest Enterprise. Copy enclosed). The Ministry of Defence unlawfully erected security fences on land outside the 'RAF' Fylingdales boundary, which also encompassed part of the route of bridleway 500200.

7. The action taken by the Under Secretary of State for Defence, to remedy the offence of obstruction of bridleway 500200 (which also includes the unlawful encroachment of the security fences onto Forestry Commission land) is not satisfactorily resolved by a transfer of land from the Forestry Commission to the Ministry of Defence and diversion of the route of bridleway 500200. The bridleway is of considerable historic significance.

In anticipation of Dr Moonie's application for extinguishment of the remaining section of bridleway 524206, under the terms of the Highways Act 1980, I have prepared a fully argued case for the retention of both bridleways.

National security would not be compromised by the re-alignment of the fences. There would be some inconvenience to the US Space Command and minor expense involved. The retention of the right for the public to enjoy use of these ancient trackways now and in the future is of far greater importance.

I note that the Department for Environment, Food and Rural Affairs states: 'The Government expects authorities to ensure that any obstructions they discover, or have reported to them, are removed as soon as reasonably practicable'. (DEFRA: Public Rights of Way, 6th January 2003).

Yours sincerely,

Anne Lee

pp WoMenwith women

Cc:
1. Mrs V Dilcock, Chief Planning Officer, North York Moors national Park Authority, Old Vicarage, Helmsley, N Yorks. YO62 5DJ
2. C J Duke, Senior Advisor (N), Defence Estates Organisation, Gough Road, Catterick Garrison, N Yorks. DL9 3EJ
3. Dr Lewis Moonie, Ministry of Defence, Old War Office Building, Whitehall, London. SW1A 2EU
4. Andrew Smith, Forest Enterprise, Outgang Road, Pickering. YO18 7EL
5. Alice Mahon MP, House of Commons, London. SW1A 0AA
6. Dr D Webb, Yorkshire CND, 22 Edmund Street, Bradford. BD5 0BH
7. Council for national Parks, 246, Lavender hill, London. SW11 1LJ
8. Ramblers' Association,87-90, Albert Embankment, London. SE1 7TW

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