The Rights of Way Sub-Committee are scheduled to meet to discuss a proposed modification to the classification of three lanes in the Darwin ward, and to confirm the minutes of their previous meeting. The meeting will also address questions from the public, and consider apologies for absence.

Proposed Modification to the Classification of Bogey Lane, Orange Court Lane and Farthing Barn Lane

The main item on the agenda is a report regarding applications to modify the definitive map for Bogey Lane, Orange Court Lane and Farthing Barn Lane. The applications were submitted on 16 December 2019 by the British Horse Society.

The report notes that the council has a statutory requirement to continuously review the definitive map and statement¹.

The report recommends that Councillor Mike Botting, Chairman of the Health & Wellbeing Board and Rights of Way Sub-Committee, and Councillor Dan Jones, Director of Environment and Public Protection, refuse the request to reclassify Bogey Lane and Farthing Barn Lane. The report also recommends that the evidence relating to Orange Court Lane be investigated, and if appropriate, its classification be changed from unadopted highway to ancient highway and added to the council's statutory list of streets under s. 36(6) of the Highways Act 1980².

The report explains the application in more detail:

• Bogey Lane: The applicant has requested that Bogey Lane be added to the list of streets maintained by the council under s.36(6) of the Highways Act 1980 and to the definitive map as a bridleway³. The report notes that Bogey Lane already appears in the statutory list as an Ancient Highway . It argues that reclassifying the route as a bridleway would effectively downgrade the rights over it, as a bridleway is specifically for horses, cyclists and pedestrians.
• Orange Court Lane: The applicant has requested that Orange Court Lane be added to the list of streets maintained by the council under s. 36(6) of the Highways Act 1980, and to the definitive map as a restricted byway⁴. The report states that Orange Court Lane is currently regarded as an unadopted highway , meaning the council sees it as a route with full highway rights but is not maintained at public expense. Similar to Bogey Lane, the report suggests that reclassifying it as a restricted byway would downgrade the rights over it, as restricted byways only allow access for pedestrians, horses, cyclists, and horse-drawn carriages, prohibiting mechanically propelled vehicles. The report does note that the applicant believes Orange Court Lane to be an ancient highway existing prior to 1835, which should be investigated. Orange Court Lane is the route of an existing public right of way (PROW) on foot, Footpath 222.
• Farthing Barn Lane: The applicant has requested that Farthing Barn Lane be added to the council's statutory list of streets and shown on the definitive map and statement as a restricted byway. As with Bogey Lane, Farthing Barn Lane is already included in the council's statutory list as an Ancient Highway, leading to the same arguments against reclassification.

The report concludes that Bogey Lane and Farthing Barn Lane are ancient highways maintainable at public expense. It also suggests that Orange Court Lane should be investigated to determine if it should also be classified as an ancient highway. The report argues that classifying the three routes as requested by the applicant would downgrade public rights over them.

Minutes From The Previous Meeting

The Sub-Committee will review the minutes of the meeting held on 8 October 2024. The minutes include discussion of a proposed bridleway at Barnet Wood Road and upgrade of Footpath 131 to a bridleway, following applications made by Nicola Brown and opposed by the landowners, Rookery Estates. The Sub-Committee approved both applications. The minutes also include written questions from Andrew Robson and Laura Keating, and the replies provided.