On 16th June 2023, the Parish Council (along with many other organisations / statutory consultees) received the email (A) below with various attachments detailing the above application (Ref T390).  For ease of reference, we reproduce these below. 

The application was originally made in 2005 but due to a massive backlog has only just reached the "front of the queue".

On 5th January 2024, the Parish Council along with other organisations and individuals received the notice below that a decision had been made to refuse this original application but after extensive research by Dorset Council to "upgrade" the existing Bridleway to a Restricted Byway.

A restricted byway is similar to a bridleway but with the added allowance for use by horse drawn carts / traps etc. Motorised vehicles are not permitted. The status of the lower section of the lane up to the small industrial park is unaltered. This decision has no local support whatsoever.

The Parish Council will be making a formal objection to this decision / order to the Secretary of State as outlined in the letter below.

Full details of the application and decision making process can be accessed via Dorsetforyou website

https://gi.dorsetcouncil.gov.uk/rightsofway/definitivemap/register/Details/T390

Email to Barbara Talbott (DC) 30/11/2023

Email from Barbara Talbott 27/11/2023

Letter of Objection to application Ref T390 by the Parish Council (8/8/2023)

Statutory Legislation : (from CPRE website)

Note :  Statutory Legislation was amended back in 2006 and it effectively prevents the creation of new "Byways open to all traffic" (BOATs). However, a bridleway such as Copyhold Lane could be "upgraded" to a Restricted Byway. This is essentially the same as bridleway but with the provision that a horse drawn cart or buggy could use it but not motorised vehicles.  

Public Consultation Guidance - created by the Parish Council : July 2023

Copyhold Lane, Winterbourne Abbas – Upgrading of Bridleway to Byway for all Traffic

Public Consultation Guidance

On 16th June 2023, the Parish Council (along with many other organisations / statutory consultees) received a letter / email with various attachments detailing an application (Ref T390) from Dorset Council’s Definitive Map Team to UPGRADE a public Bridleway (Copyhold Lane ref S54/1) to a Byway open to All Traffic. (BOAT)

The Parish Council has put all these documents on this website for ease of access. They can also be accessed via Dorsetforyou. 

The application was originally made in 2005 but due to a massive backlog has only just reached the “front of the queue” and no recent external activity or communication has driven this.

The Parish Council has discussed this matter at a recent parish council meeting and a useful discussion took place with a number of local villagers and the Copyhold Lane landowner.

The Parish will be objecting to this “upgrading” and encourages everyone to object directly to Dorset Council - it would useful if the parish council could be copied in please.

Your objection should be sent by 11th August 2023 to :

Barbara Talbott  (Definitive Map Technical Office),  Dorset Council, County Hall, Dorchester

Preferably by email : barbara.talbott@dorsetcouncil.gov.uk

The Parish Council is asking local residents (especially those who have lived in the area for a long time) to come forward with evidence, recollections, photographs etc to support the objection.

Please note that objections must be based on factual evidence and not emotional issues. 

We suggest therefore that objections are made to two parts : Evidence and Concerns

Evidence :

a). Historical Evidence from Maps:  The parish council have studied three historic maps in the Dorset History Centre in Dorchester and have annotated copies of these to show that Copyhold Lane was never a road but just a droveway to allow copyholders to access their land and to move their animals.

These three maps are shown below and will form an important part of the objection submitted to Dorset Council.  We suggest that you cite these as evidence in your objection.

b) Bridleway Designation : Copyhold Lane has been a bridleway since the designations were first created and a locked gate above the small industrial estate has existed to safeguard access to the bridleway with narrow pedestrian / horserider access to each side of this gate. Only the tenant farmer has private right of access to the bridleway’s adjacent fields.

c). Local Memories : Winterbourne Abbas has many locally born residents who can verify that this bridleway has existed for many years and that it has never been open to all traffic including motorised vehicles. The landowner recalls riding her pony up this lane as a youngster in the 1950/60’s and that vehicles were never seen on it.  The Estate's former land agent has also stated that there was never any vehicular connection to the Roman Road and that the tenant farmer was the only person to use a tractor to access the stock buildings at the head of the lane. Similar recollections by local villagers will be very useful in building such evidence.

Concerns :

d). Copyhold Lane is one of the few peaceful areas of the village for use solely on foot or on horseback as there is no open public leisure areas away from the constant noise and pollution due to the busy A35 trunk road.

e) The original application of March 2005 was made by Friends of Dorset’s Rights of Way (FoDRow) but was subsequently taken over in September 2005 by the Trial Riders Fellowship (TRF). The use of noisy and fast trial motor bikes and probably 4x4 vehicles will not only cause noise and exhaust fumes but would be a real danger to walkers, children  and horseriders.

f) The probability of illegal flytipping and illegal encampments on Copyhold Lane would be significantly increased if it was open to motorised traffic. This would also greatly increase the risk of fires, rubbish, abandoned vehicles and probable unsocial behaviour in addition to the blocking of the lane to walkers, horseriders and the tenant farmer.

g) Environmental Impact : Motorised vehicles would have a significant negative impact on local wildlife, flora and fauna in addition to the disturbance of the tenant farmer's livestock.

Final Key Points :

The Parish Council will also be submitting that the application (T390) is flawed and should be ruled null and void as the 2005 applicant was very selective in the extracts of the historic maps used and then completely misinterpreted the location of Copyhold Lane. This is explained and illustrated on our annotated maps (ref CHL1-3).

In addition, subsequent to the original submission, statutory legislation now precludes byways open to all traffic (BOAT) and motorised vehicles are thus not permitted on the bridleway / footpath section of Copyhold Lane in any event. Accordingly, we consider this to be another reason why the application should be rejected out of hand.  

Annotated Maps researched and created by the Parish Council 

1810 Inclosure Map :

1888 OS Map (6")

1841 Tithe Map

A :  Original email from Dorset Council 16/6/2023

B : List of organisations / statutory consultees contacted

C : Copy of existing definitive map of Copyhold Lane bridleway