Update from CATS (Cycle Along The Shore) Action Group campaigning against the cycling ban on Locks Heath’s Warsash/Swanwick footpath
By TinaGarner | Thursday, November 11, 2010, 09:46
In Summer 2009 the Council and Police erected No Cycling signs along the popular picturesque Warsash/Swanwick Hamble River footpath, officially known as Route 3a.
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Newly erected 'Landowner Notice' along Route 3a. Picture courtesy of CATS.
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Route 3a - the Hamble Warsash / Swanwick footpath. Picture courtesy of CATS.
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Landowner Notice. Picture courtesy of CATS.
Since then, CATS, the voluntary action group set up to fight for the rights of cyclists to use the popular footpath, have been campaigning tirelessly to overturn the ban. CATS have investigated several courses of action, including encouraging the voluntary designation of all or part of the footpath by the residents over whose land the path passes. However because of the probable objection of one particular landowner this approach was deemed very unlikely to be successful.
CATS are now appealing to Hampshire County Council to have the Definitive Map modified to upgrade the status of the path 3a from a footpath to a Restricted Byway, which would then allow use of the footpath by foot and bicycle.
"We submitted our application on 25th October to Hampshire County Council, and have also simultaneously served notices to this effect on all the known landowners along the route. Where we have been unable to identify the landowner we have posted signs at various places along the path informing the landowner of the application. Notices will remain in place for 42 days before the next stage of a fairly lengthy process takes affect," says Richard Brocklebank of CATS.
Over 220 User Evidence Forms have been submitted to Hampshire County Council - more than for any other disputed path in Hampshire. Weight of evidence is a key factor and CATS are still urging anyone who has used the footpath in any way to complete an evidence form available to download here. This needs to be printed and filled in, then returned to:
Hampshire County Council, Rights of Way Section, Room 200, Mottisfont Court, High Street, Winchester, SO23 8ZF.
You can also add to the evidence by emailing the CATS petition on Warsashcats@btinternet.com, giving your name, your postcode, the year you began to cycle along the Hamble River path and the number of times you use it each year.
Note that it is NOT a criminal offence to cycle the path unless you are cycling with reckless abandonment. Anyone cycling the route should be aware that they may be committing a civil offence of trespass against the landowner - unless they could show that cyclists have a right to cycle the path either under common law or under the principle of presumed dedication. CATS however consider it unlikely that a landowner would attempt to prosecute anyone for trespass.
If you wish to contact CATS you can do so using their email address: Warsashcats@btinternet.com
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