Your ref:
My ref:
523035
Date: 4.12.09
Contact: ES
Business
Support
Direct Dial:
01223 715669
Fax:
E Mail:
[email address]
Office of Environment Services
Executive Director, Brian Smith
By Email
Mr Ben Harris
Box No. CC1307
[FOI #23450 email]
Castle Court
Castle Hill
Cambridge
CB3 0AP
Dear Mr Harris
Environment Information Regulation(EIR) Request – Information Supplied
Thank you for your recent EIR request received 20 November 2009, asking if the “
signs on
Christ's Pieces and New Square are placed to indicate the effect of a statutory provision, and
if so, identify the provision or provisions in question?”
We cannot find any TROs related to this however I have been advised by our Countryside
Access Team that most of the paths running over Christ's Pieces, and one of them running
over New Square, are recorded public footpaths. See attached pdf. The County Council does
not own the land over which they run.
PROW - Christ's
Pieces-New Squ...
We do not deal with byelaws - if any exist they would have been probably have been done by
the City Council.
The following is the advice we would also give to anyone querying what rights exist in relation
to the paths;
It is a civil offence to cycle on a public footpath, which would be committing trespass against
the landowner. A landowner would be entitled to erect 'No cycling' or other signs to advise
users as to how to behave on his land.
Following the coming in to effect of the Natural Environment & Communities Act 2006 it is
possible to claim public rights on bicycle for 'restricted byway' status either upon proof of
twenty years' use with no lack of intention to dedicate by the landowner/s (sometime less
under common law depending on the nature of use). A formal application would have to be
made under s53 Wildlife & Countryside Act 1981 and any such evidence would have to be
assessed along with all other evidence such as signage, which could demonstrate a lack of
intention to dedicate under s31 Highways Act 1980.
Chief Executive Mark Lloyd
www.cambridgeshire.gov.uk
Information you receive which is not subject to Crown Copyright continues to be protected by
the copyright of the person, or organisation, from which the information originated. You must
ensure that you gain their permission before reproducing any third party (non-Crown
Copyright) information.
If you are unhappy with the service you have received in relation to your request and wish to
make a complaint or request a review of our decision, you should write to Nicola Graves,
Customer Service Manager, c/o Information Governance Team, Box RES 1405, Shire Hall,
Cambridge CB3 0AP within 40 days of the date of this letter.
If you are not content with the outcome your complaint, you may apply directly to the
Information Commissioner for a decision. Generally, the ICO cannot make a decision unless
you have exhausted the complaints procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.
If you have any queries regarding this letter please contact me, remembering to quote the
reference number above in any future communications.
Yours sincerely
Anna Keech
Business Support Officer