Threat to Saltway

Wed 21 Apr 2021, 18:26 (last edited on Wed 21 Apr 2021, 18:29)

Alex, I'm pleased to say that the BOAT threat to the Saltway was defeated back in 2018 -- and, yes, the Downy Woundwort growing there is celebrated for being particularly rare.

I just added to this thread to help those who might want to appeal against a portion of the path to Dean Grove being reclassified as a BOAT. Alas, it looks as if it will be hard to block the Dean Grove changes, and that this may also have implications for the part of the walk that runs by the river in Charlbury. 

See the other thread which explores the current concerns: "Byway Open to all Traffic through Dean Grove". 

Wed 21 Apr 2021, 16:33

As a matter of possible interest.

My wife and i were walking on the Saltway a month or so ago and we came across a couple of conservationist who were strimming and raking in aid of the Downy Woundwort.  On chatting, they informed us of it's extreme rarity, possibly Britain's rarest wild flower. 

They were working at the site with the information board and stones, about half a mile from the Woodstock road. The gentlemen said he was in charge of trying to save it. I think he said it was one of only four sites, all in west oxfordshire, left in the country.

I've no doubt they would be pretty upset at this proposal, unless the plant might actually benefit from the disturbance.

Sun 18 Apr 2021, 11:43

I am adding to this thread simply to make it easier to find for those investigating the situation with regard to Dean Grove becoming a BOAT.

Tue 6 Mar 2018, 12:13 (last edited on Tue 6 Mar 2018, 12:18)

Philip, TRF are applying for access to a huge range of paths across Oxfordshire (including iconic tracks like The Ridgeway), and have previously done so for a number of other counties, one by one, also Wales. As far as I can tell, they mostly lose their cases. But they presumably still think they have a valid case for Oxfordshire.

At first, I also wasn't sure how to react. Like you, I thought maybe it might be justified in some cases (though not in the case of the Saltway, especially between Dustfield Farm and the B road to Woodstock). But seeing that TRF seems to want to open up a huge number of paths across Oxfordshire, and also across the UK, my position has hardened.

I emailed Richard about some rather boring technical issue, and he pointed me to a very useful organisation that seems set up to advise on the historical & other related issues (which are extremely complicated): www.gleam-uk.org/

Looking through the some of the documents there, I have concluded that the most important thing is, as Richard said in his first post, to make it clear that, between 2001 and 2006, the Saltway has not generally been used for motor traffic, of any kind, although clearly it has been used on occasions by cars (perhaps for maintenance purposes) and also motorcycles.

Tue 6 Mar 2018, 11:32 (last edited on Tue 6 Mar 2018, 11:38)

Now wouldn't that make a marvellous Charlbury By-Pass?!!!:-)

Seriously though, the ruts I have seen were not made by trail riders, but by much wider tyres. The previous re-classification was a bit of a dog's dinner. Not quite sure where I stand on this - these guys ought to have somewhere to go, but some parts of the Salt Way are not really suitable and if they do, they will spoil things for horse riders for example. If trail riders were to be allowed to use parts of it no more than once a month for some of the drier times of the year I would have no objection, but I don't think the law allows such conditions - it's all or nothing.

Tue 6 Mar 2018, 11:09

Just in case any other people like me are wondering what the acronym BOAT stands for, here it is:-

"A byway open to all traffic, or BOAT, is a highway over which the public have a right to travel for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used."

Tue 6 Mar 2018, 08:17

It's slightly odd. The current OCC guidance says "A claim to add (or upgrade to) a BOAT may only rely on documentary evidence demonstrating an express intention to create a right of way for motorised vehicles", which appears to reflect the legal status post-NERC 2006.

So although the inclosure maps might have been evidence for proving the creation of a "road", which before 2006 could have been used to argue for the right for motor traffic to use it, that no longer seems to apply. Had TRF applied before 20th January 2005 they'd have had a case, but (mercifully) their application was made on 27th March 2006.

But I may have misread something; I'll keep digging and would welcome thoughts and assistance from others of similar mind!

Mon 5 Mar 2018, 22:29 (last edited on Mon 5 Mar 2018, 22:33)

Thanks, Richard. It seems as if the Trail Riders Fellowship have certainly been busy doing their homework. And I can see that this is going to be by no means straightforward.

I see the maps they are quoting in evidence for the Saltway are dated 1770, 1776-7, 1803, 1823 (if I am understanding things correctly). I don't know what mechanically propelled transport would have been around at the time, apart from carts and ploughs! Surely these tracks can't have been open to stagecoaches. So perhaps I have misunderstood. I am taking this from the page in the evidence submitted just before the 3 maps provided.

There are lots of old maps, documents, field-plans & old newspaper cuttings in Charlbury Museum. I don't know if any of them would be any help.

Mon 5 Mar 2018, 18:56

Could be my eyesight but doesn't it run close to Sam and Dave's house?

Mon 5 Mar 2018, 12:22

With apologies for the dry legalistic bit, this is important:

The application to allow motor vehicles is based on sections 67(2)(a) and 67(2)(c) of the Natural Environment and Rural Communities Act 2006. These state (I'm simplifying slightly) that motor vehicle rights could be reinstated if:

• 67(2)(a) "the main lawful use…

Long post - click to read full text

Mon 5 Mar 2018, 12:00

Off-roaders exp motocross bikes use it already! I'll certainly put in an objection.

Mon 5 Mar 2018, 11:35

The change Hamish has referred to came about with the implementation of the Countryside and Rights of Way (CROW) Act. 2000. An application to classify the Saltway as BOAT, instead of Restricted Byway, was made at the time. I believe In fact it was submitted too late for the deadline. If so we obviously can't rely on a that precedent for a rejection this time. The more objections submitted the better!

Mon 5 Mar 2018, 10:40

Thanks for the link, Tony.

There's not much information there, except for the maps. But there is enough to see that all of the 32 proposals to modify the status of the Public Rights of Way right across Oxfordshire have been put in by members of the Trail Riders Fellowship.

Chris Hurworth is listed on the Trail Riders Fellowship pages as the TRF Oxford Rights of Way Officers, & all the other names are linked to TRF somewhere or other in the list.

Chris Hurworth's page is interesting: www.oxfordtrf.org.uk/articles/definitive-map/ as is also TRF's more general discussion of the issues: www.oxfordtrf.org.uk/about/

Mon 5 Mar 2018, 10:16

Application 02063 I think; If you download the list and scroll to the bottom there are three maps. Tony you said to copy you in - what is your e-mail address?

Mon 5 Mar 2018, 09:23

Yes Hamish you are quite correct however I remember very well the state of parts of the by way at that time becoming almost impassable on foot and also the problems with off road vehicles going fast down there. I think this is why the regulations were changed. There are no doubt other byways where it might be acceptable though.
I also note that there is an SSI on part of the track. Other parts are quite narrow so it would be difficult to get out of the way of off road vehicles

Sun 4 Mar 2018, 23:47

It is worth remembering that up until 12 years ago the Saltway was open to all motorised vehicles. It was reclassified from a Road Used as Public Path to a Restricted Byway - a controversial change for many, many miles of rights of way across the country.

Sun 4 Mar 2018, 21:26

This link should take you to it: consultations.oxfordshire.gov.uk/consult.ti/TRF.DMMO/consultationHome

Maps and other details can be accessed there. It's titled "32 Applications to Amend The Legal Record of Public Rights of Way in Oxfordshire", with the Saltway one being last on the list.

Sun 4 Mar 2018, 20:54 (last edited on Sun 4 Mar 2018, 20:55)

Tony: is there a planning application number and map for this? The stretch of the Saltway from the B4437 to Dustfield Farm is a Site of Special Scientific Interest because of some rare plants.

Given that the Saltway was an important Roman trackway for taking salt from Droitwich, and then later used as a sheep Drovers Road, I would have thought this would be a non-starter if a Cotswolds National Park is being considered.

Sun 4 Mar 2018, 20:32

A group representing off road motor bikers have applied for the byway known as the Saltway running from Woodstock Road to the road to Chipping Norton to become open to all traffic
Byway Open to All Traffic (BOAT)
To comment on this you should email Dawn.Mills@Oxfordshire.gov.uk

The effect of this if granted would allow any off road vehicle to use the track at any time
This would have a very bad impact on all the walkers horse riders and cyclists who use the saltway not to mention the noise and churning up of the track
I would ask everyone who uses the Saltway to object and to copy me in
If you want more information please let me know