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Horse riders in Oxford have lost a key battle with BMW and Oxfordshire County Council following a ruling by Judge Brian Loosley at Witney Magistrates' Court.
BMW made a request to the council to "stop up" two highways that dissect the plant and a footpath on the grounds they were "unnecessary".
BMW and Oxfordshire County Council claimed that there was no genuine equestrian use, a suitable alternative route for pedestrians would be provided.
For horse-riders in East Oxford and surrounds, this was the shortest, most direct route to the good riding in the City-owned Shotover Country Park.BMW is providing an alternative route, by the ring-road, for cyclists and pedestrians but no alternative provision is proposed for horses.
Oxford Area Bridleways Association (OABA), with the BHS, Ramblers’ Association and several independent witnesses are objecting to this proposed closure which is being made under Section 116 of the 1980 Highways Act. Under this procedure, the judge has to decide whether or not the bridleway is necessary.
The BHS’s Director of Access, Mark Weston, has been representing the objectors’ case in court, alongside the Ramblers’ Association’s solicitor. Oxfordshire County Council, supporting BMW’s application, was the first to give evidence. It was interesting to note that their Countryside Service Dept did not take the stand to provide the Rights of Way information; this was given by an independent consultant Robin Carr (who has often advised the BHS on such matters). The Countryside Service had commented previously that they felt the bridleway was indeed necessary.
To rub salt into the wounds both the BHS and Ramblers Association have been ordered to pay costs totalling nearly £50,000.
The result is extremely disappointing and suggests the right to paths and bridleways can be undermined by corporations and private individuals with money.
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Date Created: 15/10/2007
Last Updated: 18/10/2007
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