RIGHT OF WAY FROM WEST A217

 

  RIGHTS OF WAY AND PUBLIC FOOTPATHS IN AND AROUND HERSTMONCEUX

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COWS - Here we see a herd of cows blocking the lane that is supposed to be clear for passage. Note that some of these lovely animals are lying down by the gate. This is not a one off occurrence, the cows are regularly allowed to roam along and across this access way, causing a major obstruction. We wonder what the law says about that.

 

 

 

 

A right of way, is a right, not something one has to ask to use. Erosion of such rights is commonplace in the farming and community world. The most common right of way is a public footpath. This is a highway in law, and once trodden for 25 years, what may have started as a short cut or just a pleasant walk, becomes a legal right.

 

Other rights of way are created when land is sold. Land owners frequently sell plots of land with rights of access or passage across certain lanes or roads, such that new owners have to recognize pre-existing, earlier, or new rights created.

 

 

 

 

 

COWS GONE - Phew, it looks safe to open the gates and come into Lime Park from the western access. There is nothing like a drive in the country to de-stress oneself after a hard day at the office. There is a fence missing on the left of this picture. The fence came from the corner of the building, proceeding west parallel to the road. With the fence in place, cows could not find their way in front on oncoming traffic.

 

PLEASE NOTE: There is no access for ordinary (public) traffic, this is a private road (right of way) for services and deliveries to Lime Park, and for use by the occupiers in Lime Park. Neither can Ramblers or dog walkers use this gate to enter Lime Park, especially as a throughway.

 

 

 

But rights of way have to be protected and preserved. Indeed, there is a duty of care on the part of any new landowner to respect the rights of others, especially when they are reminded of the rights in question.

 

 

 

 

 

 

WHOA - Is that an electric cable going over a right of way? It sure looks like it to us. Imagine a person with a medical condition falling foul of that. Imagine a driver using this access at night, thinking the track is clear. WTF!

 

 

 

The old Electricity Generating Works in Herstmonceux is served by three access ways that are preserved as rights of way. One right of way is over the field from the A271 at Lime Cross, the first gate just before the gate into the football pitch, this is near the triangle leading into Church Road. This right is for deliveries to the Generating Works. These are important historic rights, underscoring the importance of the complex when it was built, and now that it is the only remaining example of early public supply in the world.

 

During a recent planning application by Timothy Watson, and then a number of housing developers, seeking permission to flood the village with 70 houses, it appears that the right of way from Lime Cross, may not have been taken into consideration by the Parish Council, and then by Wealden District Council. We wonder why? There is a duty imposed on landowners when making planning applications to advise councils of any impediment. It remains to be seen if any of the applicants or planning committees or planning officials either declared interests, or declared this right of way, during the planning process.

 

The second right of way to the old Generating Works is over land previously owned by Knights Nurseries, now (it is thought) belonging to John Ford the farmer.

 

The third access is via Church Road or Chapel Row, depending on which direction you are coming from.

 

In the storms of 1987 and recently with so much building work going on in the village and along Chapel Row, it has been necessary to use the back entrance to the Generating Works, and what a pleasant experience it is. Except, for the obstructions that many seem to think are rights for the farmer(s).

 

 

 

 

 

SERVICES - Unusually, the Generating Works is the only building in the village served by three roads. The other properties in Lime Park have north and south access roads, with the southern access feeding off Church Road. While the northern access feeds from the A271 entrance (popularly) to the cricket grounds and tennis courts, etc. Whereas, the Generating Works has a third access, from Lime Cross (also known locally as Suicide Junction) heading for the coal bunker to the rear of the building. These service roads are important features historically and must be preserved for posterity. The car in the picture is electric, by the way. We will all be driving clean one day, with a bit of luck. Sporty too this one, a BMW i3, 170 horsepower and made of carbon fibre. This model with an onboard generator, as a range extender.

 

PLEASE NOTE: There is no access for ordinary (public) traffic, this is a private road (right of way) for services and deliveries to Lime Park, and for use by the occupiers in Lime Park.

 

 

 

 

 

HOW NOW BLACK COW - Oh, here they are again. For some reason this herd seem to frequent this patch quite often. It's as if 

 

PLEASE NOTE: There is no access for ordinary (public) traffic, this is a private road (right of way) for services and deliveries to Lime Park, and for use by the occupiers in Lime Park.

 

 

 

 

 

AHH - Clear again for a chance to gain access. Because of the cows it is important to close this gate, where years before, when fencing ran between Knights Nurseries and the access road, there were no such problems. It was not necessary to keep getting out of a vehicle to open and close the obstruction.

 

PLEASE NOTE: There is no access for ordinary (public) traffic, this is a private road (right of way) for services and deliveries to Lime Park, and for use by the occupiers in Lime Park.

 

 

 

Another interesting fact is that most Satnavs tell delivery drivers to go down this track, when they are following directions to Lime Park. It is something of an annoyance to have to tell drivers that the right of way might be blocked. Indeed, the drivers frequently tell occupiers in Lime Park that the track is blocked. Deliveries are sometimes delayed because of the frustration some drivers experience.

 

 

 

 

 

NORTH LODGE - This is the entrance from the A271, Hailsham Road. North Lodge was the gatehouse at the other end of the service road to Lime Park. In their wisdom, the Parish Council allowed yet another historic building to be destroyed for rabbit-hutch housing. It is as if their agenda is to wipe out all traces of interesting buildings from the village, and turn it into a housing estate, just another area to milk for taxes. Heaven help the Castle, just a mile away outside the village. And what of the community infrastructure levies from these developments? Don't ask. Would you believe Wealden have been investing your taxes in fossil fuel companies. What with petrol and diesel fuels set to be phased out. You can imagine where the CIL payments are going. These civil servants have fat pensions to worry about! They don't care about the infrastructure these levies should be going to. You only have to look at the potholes to see that. Or would they care to counter?

 

 

 

Rights of way have to be kept clear of obstructions. Otherwise, the right is eroded and of lesser value. Nobody mentioned anything about potential new arrangements with the occupiers of the Generating Works. For the avoidance of doubt, the Farmer (we think) concerned does not deny that a right of way exists.

 

 

 

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