Private Road Access

 

The Private Road between Brunton and the Fairmile is owned by the Hosier family and is also a public bridleway.

Under section 34 of the Road Traffic Act 1988, motor vehicles may not generally be driven on a bridleway without lawful authority. The owners may grant permission for vehicular use, and this policy sets out the circumstances in which such permission is given.

There is no general public right to use the Private Road by motor vehicle and no general permission to use it as a through-route.

Public bridleway rights are unaffected by this policy.

  1. Authorised vehicular use

Standing permission to use the Private Road, other than as a through-route, is given to:

  • Members of the Hosier family;
  • Employees of the Hosier family, Hosier Brothers Limited and the farming or estate businesses;
  • Farm and estate contractors, suppliers and professional advisers;
  • Tenants and occupiers of Tinkerbarn, together with their households, visitors, tradesmen, contractors and deliveries;
  • Tenants and occupiers of Hosier-owned properties and members of their households; and
  • Other named persons who are Brunton residents or personally known to the owners and have been granted permission in writing by the owners.

Anyone relying on individual written permission must be able to produce evidence of that permission on request by the owners or the Police.

Standing permission under this section does not authorise through-use.

  1. Occasional through-use

Members of the Hosier family and employees may occasionally use the Private Road as a through-route.

Other named persons who are Brunton residents or personally known to the owners may be given written permission for occasional through-use where circumstances warrant.

For the purposes of this policy, occasional through-use means intermittent use and does not include habitual, regular or routine use, including use as part of a regular commuting or travel pattern.

Such permission does not require separate approval for each journey.

All occasional through-use is by permission of the owners only. It does not create, acknowledge or confer any right of way or other continuing property right.

There is no general permission for vehicular through-use.

  1. Conditions of use

All motorists using the Private Road with permission must:

  • Observe the 20 mph maximum speed;
  • Drive responsibly and considerately;
  • Take particular care around pedestrians, horse riders, cyclists, animals and farm machinery;
  • Comply with gates, signage and access arrangements; and
  • Avoid damage, obstruction or nuisance.

Failure to comply with these conditions may result in permission being withdrawn.

  1. Fairmile gate

The gate at Tinkerbarn, controlling vehicular access towards Fairmile, will normally be kept closed.

The gate must not be opened for vehicular passage except by persons authorised to use the Private Road.

The gate must not be secured open, obstructed or otherwise interfered with.

A separate opening alongside the vehicle gate is intended to allow pedestrians, cyclists and horse riders to exercise their public bridleway rights.

  1. Unauthorised use

Being a local resident, having previously used the Private Road or finding the route convenient does not constitute permission.

Anyone who does not fall within one of the authorised categories in Section 1 must not use the Private Road by motor vehicle.

Unauthorised use may be recorded. Persistent or deliberate unauthorised use may be reported to the Police or otherwise dealt with by the owners.

  1. Applications for permission

Anyone who is not otherwise authorised under this policy may apply for written permission by emailing:

farmoffice@hosierbros.com

Applications must include:

  • Full name and address;
  • Contact details and vehicle registration number(s);
  • The purpose for which access is requested, including whether for farm/estate access, access to a property or occasional through-use; and
  • The expected frequency of use.

Specific permission will only be considered for Brunton residents or persons personally known to the owners.

Submitting an application does not give permission to use the Private Road. Permission must not be assumed unless and until it has been confirmed in writing by the owners.

Any permission granted will specify the nature of the authorised use and may be subject to conditions.

  1. Status of permission

All vehicular use permitted under this policy is by permission of the owners and not as of right, except where an independently established legal right of vehicular access already exists.

Nothing in this policy creates, acknowledges or grants any right of way, easement or other property right.

  1. Risk

Use of the Private Road pursuant to permission under this policy is at the individual user's own risk.

To the fullest extent permitted by law, the Hosier family and Hosier Brothers Limited accept no liability arising from such use.

Hosier Family