Permissive cycle path past Cornbury closed

David McCutcheon
👍

Fri 4 Dec 2015, 14:57

I believe an early test case which helped define what was permissible on a footpath, was when a group of spotters camped out on a footpath overlooking a stables' gallops, in order to gain an advantage when betting opened at a forthcoming meeting. Nothing to do with this discussion of course!

russell robson
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Fri 4 Dec 2015, 10:24

A right of way entitles one to pass and repass, be it any classification. It is therefore technically not permissible to stop on a public right of way, or take anything on it not defined in the Highways Act. This is often how people are moved on when photographing celebs, planes and/or sites.

The closure of the permissive right has no impact on the pedestrian rights and Cornbury has not restricted these along the route of the path.

Richard Fairhurst
(site admin)
👍

Fri 4 Dec 2015, 09:42

That's a much debated point of law. I believe the actual phrase is that walkers have the right to bring a "usual accompaniment". A dog is; a bike may not be, but people have been debating it for years (the CTC Forum has more). Personally I'm happy to cycle another way for these few months, albeit togged up like a Christmas tree with flashing lights and luminous baubles to stay safe on the Finstock road.

Jon Carpenter
(site admin)
👍

Fri 4 Dec 2015, 09:13

The status of the path as a right of way is unaffected. Cornbury cannot close it. You are free to walk along it at any time.

But as it is not a bridleway there is no right to cycle along it, unless with the estate's permission. It would not be a crime to do so: the estate would have to sue you for any damage caused. However, I believe you have the right to push a bike along a right of way/footpath, but I can't prove that at the moment. Does anyone know?

russell robson
👍

Wed 2 Dec 2015, 18:54

The route had never previously been closed. However to prevent the establishment of a permanent right the owner of the land has a right to close the route.

I agree with Richard, an all year round route would be good but that was not what Richard and his supporters managed to negotiate with the estate.

I also believe it might also be caught up in the wider issue of the area being used by dog walkers

Helen Chapman
👍

Wed 2 Dec 2015, 14:08

Thanks Richard - I've never seen this notice before this year and I wasn't aware if was limited to the summer months.

Richard Fairhurst
(site admin)
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Wed 2 Dec 2015, 14:01

Cornbury's kind permission for the footpath to be used by cyclists doesn't apply to the winter months, I think perhaps because of the muddier bits of the surface - www.cornburypark.co.uk/cycle-routes.html . It would of course be lovely to have a year-round route but the spring-to-autumn route is pretty great anyway.

Helen Chapman
👍

Wed 2 Dec 2015, 13:42

I have just seen a notice on the footpath alongside Cornbury park saying 'Permissive cycle path closed from 1st November 2015 to Easter 2016'. Does anyone know why this is? I saw the update from the estate in the Charbury Chronicle about the fence but there was no mention of closing the cycle path. I assume the footpath is still open?

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