Devon TRF Group Forum

mike · Clubman A

cornwall lane missing off of grm

Pete · Expert

This anomaly is because the way is on the Definitive Map as a Public Footpath as well as being recorded as a road on the Cornish version of the List of Streets.

Since the Natural England and Rural Economies Act wording says the Def Map takes precedence it is not legal to drive a motor vehicle on a Footpath*.

* If you read the wording of the NERC Act, in particular Section 67 (3)(b) there are exceptions to the rules in respect of ways on the LoS which have Schedule 14 claims lodged at the time of the Act. I do not think that is the case here, yet another example of the pernicious wording of NERC. I would encourage you to read the exact wording of the Act before riding the way again so you know what is what if challenged.

Nice lane which hosts a section known as Harry's Leg during the local Bodmin based long distance trial as well as providing a safer exit from the valley than the interesting climb to Muchlarnick

mike · Clubman A

Thanks for the correction Pete. I have ridden this lane for 20 years in the firm conviction that it was a legal road. Most of the cornish boys ride it too. A real shame to loose that one.

-- Edited by mike on Tuesday 17th of February 2026 02:59:22 PM

Pete · Expert

mike wrote:
Thanks for the correction Pete. I have ridden this lane for 20 years (me too) in the firm conviction that it was a legal road (it was). Most of the cornish boys ride it too (they do and will continue to do so). A real shame to loose that one (the shameful impact of NERC is slowly making itself felt still).

I suspect that there was no Schedule 14 Definitive Map Modification Order application made before the NERC cut off date because no pending DMMO application is shown on the CCC interactive map for the way to Tredinnick unlike the way north through Penquite wood nearby

mike · Clubman A

I have had a look at the act.

There is an interesting clause in the act.

Subsection 1,the extinguishing of rights of way for mechanically propelled vehicles " does not apply to an existing public right of way if it is over a way whose main lawful use by the public during the period of 5 years ending with commencement (of the act) was use for mechanically propelled vehicles."

In all my time riding this lane I have never seen a pedestrian on it (and only once seen a walker by the river at muchlarnic). It would seem reasonable therefore to assume its main use since 2001 has been motorcycles.

Im not sure how you could prove or disprove historical vehicular use now except anecdotally. Would personal experience from riders back then prove as good a defense as any- innocent until proven guilty and all that! biggrin

Pete · Expert

This illustrates why it is valuable to send John Leah a track log for each ride because this process creates user evidence which can be called upon later to disprove assertions that a way was 'never' used by vehicles by proving that is has been by providing names and dates.

I fear Cornwall TRF do not have such a resource to call upon so it would be an uphill struggle to find and present user evidence.

You are right of course and I can confirm that I have not met pedestrians on the way

wlm · Sportsman

It seems quite a few lanes in Cornwall have disappeared off the GRM in the last year.
The one through Cardinham woods that was part of the TET has gone also. Gutting.

Agree about sending John Leah our run logs.