Continuing paragraph 49

The Inspector also says an accommodation road described in the Valuers Field Book may not necessarily be a public highway.  The question must then be asked: why was it declared for a deduction of Increment Value Duty in 1910 if this was not the case?

Apart from this, she does not mention that in the 1787 map drawn for the Report of the Land Commissioners of Geo III, points B – C are quite clearly an extension of the byway or road, Cradle Lane.  It is clearly labelled ‘road’ in the legend to the map.  As Cradle Lane is a public road or byway, it must give weight to the conclusion that B – C is still a public road, for once a highway, always a highway.

Page 10 Whether there has been use by the public for the required period of 20 years.

Para 55 “To deviate from it onto an existing highway does not give that impression.” Except that the highway C102 is the only possible deviation, as the manorial waste between it and the claimed route was too overgrown with undergrowth to be passable. C – B was itself obstructed by the hurricane of 1988. Requests to HCC to have it cleared fell on deaf ears, even though an initially successful Judicial Review had led to an expectation by Mr Justice Sedley that the matter could be resolved by discussion and agreement.

It cannot, therefore, be correct for the Inspector to say on Page 11, para 56 that “there is simply no indication that it prompted any move to clarify the situation on the users’ part.” Evidence was produced in the bundle and at the Inquiry which showed otherwise.

Next time: my notes continue.

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