jill fisher: rights of way - highway research

Local Authorities, whether they are large highway/planning authorities or Parish Councils, get a bad press these days, especially as regards rights of way and ‘lost’ highways.

I can ensure that you receive independent, unbiased research, presented in a clear and concise manner, and in a format that you may specify.

The problem:

Funding – as ever – is dwindling, but the volume of rights of way and highway claims is increasing, and is set to do so even more when the research carried out under the aegis of the CROW Act 2000 begins to filter through.

All of this research – even though much of it may first have been examined by other parties – will need to be assessed, to ensure that it satisfies your quality standards, and that you can rely on it at Public Inquiry if necessary.

And that’s all in addition to the backlog of existing rights of way and highway claims, many of which have become contentious (even if they weren’t originally!), and some of which have been rumbling on for years.

The solution – how jill fisher can help:

The main advantage I can bring to the resolution of your rights of way and ‘lost’ highway claims (apart from the quality and reliability of my research) is that I am truly independent, and can bring a fresh pair of eyes and ears to long-running disputes. (You could even think of me as ‘cannon fodder’ – I don’t mind!)

It’s amazing the impact that a new face, who’s willing to listen impartially, can have on disputing protagonists. But even if I can’t smooth things over, the fact that I’m not part of the local authority means that (if it’s expedient) any dissatisfaction resulting from my conclusions (because even I can’t always please everybody) can be deflected away from yourselves, and on to me.

I am aware of funding constraints (especially for Parish Councils), and the deadlines imposed by planning meetings ect., and am always willing to discuss these, so that I am able to work within a budget, and to tight time constraints, wherever possible.

Specifically, I can offer the following services:

• Case work: research and reporting on the status and class of rights of way, whether footpaths, bridleways or carriageways (individual routes or multiple investigations);
• Investigation of highway boundary disputes and encroachments;
• Transcription and proofreading of historical documents relating to the class and status of rights of way and highways;
• Evaluation of evidence supporting or refuting footpath, bridleway or carriageway claims, presented by third parties (volunteer groups, land owners etc.), before further research or investigation is undertaken;
• Presentation of documentary evidence relating to rights of way and highway claims at Public Inquiries;
• Training and seminars on all aspects of rights of way and highway law and practice.