Can a TRO be reversed/challenged/lifted etc

[SurreyLanes]

Apologies for the newb like post... but ive never fully understood this in all the time ive used BOATs and id appreciate the TRFs input.

Can a long standing TRO that is in place on an otherwise OS marked and historically well used byway, be lifted. Has this happened previously?

Im aware of several byways such as pebble lane / stane street that have been subject to a TRO many years ago and the grounds for doing which possibly wouldnt be viewed in the same way nowadays. (Basically "we have lots of money and dont want you riding down here")

There is one byway in particular close to me that would offer me a very practical and considerably shorter route that has been closed via a TRO for a good few years now and the reasons for doing so are now seemingly irrelevant (route is in good condition) and with a width restriction in place i can see no real reason for it to be closed.

Is there any formal process for requesting a TRO be reviewed etc? Or is it a case of when they are gone they are gone.

Not trying to start a debate and i appreciate im not a paid up member just after some clarification. Cjeers for any help.

[ScruffyDroid]

Join the TRF would be my suggestion? The membership fee you pay is what is used to challenge TRO's.

Legal fees don't come cheap.

Please don't see this as a passive - aggressive post, since the idiom is lost in text-speak.

Come along to the next meeting, perhaps?

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[SurreyLanes]

No problems at all i appreciate the reply.

I figured join the TRF would be the first response and i will be finally doing so early in the new year when i renew my National Trust and BASC memberships etc as i like them all the be concurrent. Ive been using the byways in Surrey for years. I use one for access to my place. I maintain 2 local ones myself and have cleared waste from tandridge lanes on many occasions and had dumped cars removed etc.

I had been reading up on the options to revoke a permanent TRO and the wording is rather confused and just wondered if anybody here could give a simple 'Yes it can be done', or 'No.. permanent means permanent dont waste your time looking into it'.

Thanks.

[silvergull]

Its a fair and valid question, but the green roads have to be viewed on a case by case basis. Generally its very difficult to reverse, or review a TRO in the present climate, which is why its so vital to keep what is currently open and do all we can to prevent closures. You do not name or specify the green road in point, which would be useful, I would be happy to talk you through the various procedures and options, generally , at a club night, for example in January or any time after that. Its too complex to go into here, now, on the open forum. The TRF does request byways reviews, where it is thought to be reasonable and achievable, and there are usually reasons given as to why these do not often take place. Remember also that the o/s maps are not indicative of current byway status, you do need to check this on the SCC website, and you can view a list of the open and closed byways on the SCC website, and also elsewhere on this forum.
Hope to see you at a club night, where this can be explained to you. We do have a set of up to date marked maps which you can access at club night, I do know this does not the question you have asked, but hope to see you, and this can be discussed then. Thanks, Brian Cohen (r.o.w. for SurreyTRF. )

[silvergull]

ps, If you could indicate please which byway you are referring to, maybe I can be more specific in replying, in this case. Thanks bc

[SurreyLanes]

Thank you Brian thats spot on.
I will do a little research into the lane in question and what rights of way exist/existed over it and will discuss with you in due course.
Many thanks

[stevent]

I wondered the same about Stane Street a couple years ago. I requested all the files from the Council. The locals very cleverly had it protected as an ancient monument given it is a Roman Road so it now has super special protected status.

Steven




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[SurreyLanes]

Yes Steven. Because as you know, when a right of way has been in regular use for almost 2000 years, the last thing you want is people using it in case it gets damaged. Its far better to let nature run its course of re growth in order to preserve said monument.

[burls]

The Council is the legal Authority in respect of TRO's. Therefore unless the Council plays ball the way to reverse is to seek Judicial review.

I am a Councillor and I'm trying to POSTPONE a proposed TRO at the moment (not related to BOATs etc though) but its not easy.

Much easier to challenge at the 'proposed' stage rather than when in effect.

AndrewB

[kentWR]

There are current TRO’s in place in Kent where the official hard copy of the order cannot be produced, I have made freedom of information act requests and have been told the order has been lost.

Problem is nobody wants to pursue it and I’ve asked for a rights of way barrister but was told by a trf member not to upset the council.

[silvergull]

you would still have a legal right to see the definitive map, where these orders are recorded. I hope Kent CC have not lost that!