HX. WALKERS ASSOCIATION

 

  MANY FOOTPATHS ARE AS YET UNREGISTERED - WE NEED THE SUPPORT OF ANYONE WHO HAS WALKED ANY OF THE PATHS IN HERTSMONCEUX - IDEALLY, FOR MORE THAN 20 YEARS

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2019 SOAKAWAY PITS - Pits were dug all over the field altering the habits of walkers during this period, but you can still see the perimeter path that bounds the field and is not registered. Note that at this time Latimer Developments bribed the football club by giving them a sliver of land as a sweetener, that changed the pattern of walking. At this time Southern Water's 'Shit Creek' had not begun. It is noted that no such consideration was given to the users of Lime Well. This is something the High Court may be asked to look at, as to the generosity on the one hand, and the denial on the other. Sounds like either direct or indirect discrimination to us!

 

 

 

TAKING AWAY YOUR RIGHTS - Many of you who walk these fields or who have walked these fields, will know what a travesty it will be if the paths (some of which are clearly visible in these Google/Bing derived maps) are lost for generations to come. Note that the developer plans to build gardens across the north-west perimeter, running parallel with Herstmonceux Recreation Ground.

 

 

Herstmonceux may not have much to offer residents in terms of entertainment, but it does have fields where the men and women, boys and girls from the village and other close to settlements, have come to enjoy a walk in the country. Sometimes with dogs, and sometimes in family groups, or as couples, and sometimes by ramblers and nature enthusiasts who marvel at the butterflies, bumblebees and dragonflies. Or just to gather blackberries and watch the changing seasons, or to stretch the legs for exercise.

 

For whatever reason, local walkers have enjoyed these rights for over a hundred years unfettered, featuring two registered footpaths in the field between Herstmonceux and Lime Cross recreation grounds, but a much higher number of unregistered footpaths, now the subject of some concern as to imminent loss, by the Herstmonceux Walkers Association.

 

 

 

RIGHT TO ROAM - Villagers and other locals have enjoyed walking in this field for many more years than is required to register the additional paths, so that we might continue to relax and unwind in our leisure hours. But not if Latimer Development and Clarion Group (including Thakeham) get their way and build all over this community asset - that should rightly have been declared a Conservation area.

 

 

 

ABOUT HERSTMONCEUX WALKERS ASSOCIATION

 

The Walkers Association is a group dedicated to protecting the pathways that villagers of Herstmonceux have enjoyed within living memory. Where there was a footpath circling this area, Southern Water have been working with the developers to cut off access for walkers. That is why the Association think it is time to act.

 

Please tell everyone who you think may have enjoyed walking in this field, to take the trouble to identify which of the extant paths they may have walked in years gone by.

 

There will be a book in a box by the gate to the old coal bunker at the side of the Generating Works at the lower end of the field in questions. In this book you can enter your name and address (only to be used for the purposes of seeking recognition for these paths). Alternatively, you can email any information you may have to:

 

growth@blue-growth.org 

 

Please head your email "Herstmonceux Lime Field Footpaths". You will be contacted and supplied with a map on which you can mark which of the other paths you have walked in years gone by.

 

This information will be presented to East Sussex Highways for their consideration of amending the present number of registered paths, to include those - that should perhaps have been registered 20 years ago.

 

You can see from Part III of the 1981 Act, that there is a duty to keep the "definitive map" under continuous review. This, the local authority has not done, or, they would have noted the persistent use of this field along other corridors, not recorded. Any study of satellite maps will confirm the persistent use we are advising of.

 

 

WILDLIFE AND COUNTRYSIDE ACT 1981 (extract)

 

PART III - Public Rights of Way - Ascertainment of public rights of way

 

53 Duty to keep definitive map and statement under continuous review

(1) In this Part " definitive map and statement ", in relation to any area, means, subject to section 57(3). —

(a) the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or

(b) where no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; or

(c) where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3).

(2) As regards every definitive map and statement, the surveying authority shall—

(a) as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); and

(b) as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.

(3) The events referred to in subsection (2) are as follows—

(a) the coming into operation of any enactment or instrument, or any other event, whereby—

(i) a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended;

(ii) a highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description ; or

(iii) a new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path ;

(b) the expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path ;

(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows—

(i) that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way to which this Part applies;

(ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description ; or

(iii) that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.

(4) The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to—

(a) the position and width of any public path or byway open to all traffic which is or is to be shown on the map; and

(b) any limitations or conditions affecting the public right of way thereover.

(5) Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection.

(6) Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2).

 

 

 

 

 

 

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