Disclosure Log

All the rights of way on Whyburn Farm and Misk Hills Hucknall (FOI/8145)

Message from Nottinghamshire County Council - 09 July 2026

Dear Requester,
Request FOI/8145
Further to your request received on 15th June 2026, I confirm that the Council has now considered your request under the Environmental Information Regulations 2004.

Questions & Answers)
As a daily user of all the footpaths across all this land for over the 20 years required to give me rights of use and those right curtailed or removed by landowners’ gates and no trespassing signs.

Please can you provide answers to the following questions: 
  1. Why are taxpayers funded officers of the land registry and the council working so hard to support a developer whose land hasn’t been approved by Ashfield County Council planning And isn’t this a clear predetermination of development  
The Countryside Access team work to ensure public rights of way are open and available to members of the public as well as investigating a large number of applications that have been submitted to have additional ones added as public rights of way. We do not work on behalf of the developers nor the Land Registry but are often consulted by District and Borough Councils when planning applications are submitted giving them the location of existing public rights of way and letting them know of applications for additional routes that have been submitted to us. 
  1. Have the rights of way committee decided that there should be a modification order  If so, when 
No decision has been made on modification order applications 1332 and 1333 (or 1182). They can be viewed online at Modification Order Application Register | Nottinghamshire County Council. The applications 1332 and 1333 are based on documentary evidence that has been listed in the application. Should you wish to make any comment on them that will be fed into the decision-making process then please forward them to the County Council. 
  1. Why is giving this taxpayer funded time more important than the public footpath from common lane to beacon hill that should have returned to public access at the end of the Cold War (sorry I don’t know its footpath number because the definitive map isn’t available online as it legally should be).  That I walk on daily as I have done for two decades despite threats of prosecution from the landowners  
I believe this refers to application 1182.  As such, it would come up for consideration before applications 1332 and 1333 as we work through the large number of applications triggered by the application cut-off date and deal with them in date order. 
  1. Why is it more important than ensuring modifications to bridleways that are passed on misk hills aren’t fenced in so tightly that two horses can’t pass each other or that horses and my dogs have safe segregation  

We understand that this refers to Hucknall Bridleway No.33 between the Common and Whyburn Lane where it will be affected by the development.  The development has outline consent only at this time, so the treatment of the right of way needs to be determined through further reserved matters applications, when the issues of width, surfacing and boundary fences will be settled.
  1. Isn’t it a legal requirement to consult the public who use all of these, especially the washdyke lane right of way between Whyburn farm and the community assets on dob park instead of just two homeowners And why isn’t that happening 
There will be a public consultation on the modification order applications when an Order has been made, and this will be placed on site and advertised in the local paper. If you would like your name to be added to list of organisations and people to whom these orders (if made) are sent, then we can do that for you.
  1. Why is it more important than ensuring the pavement on the Broxtowe trail public right of way isn’t unsafe to walk on  

We understand this is referring to the northwestern side of Common Lane as in the photo supplied.  Common Lane is maintained by Via East Midlands on behalf of the County Council, and the matter can be reported through our website.

Report a road or pavement problem | Nottinghamshire County Council
  1. Are the developers or landowners claiming adverse possession on washdyke lane and if so, does that meet the requirements of ten years occupation for designated land and twelve if it’s as I believe unregistered land
Legal services have reviewed this and the application to the land registry is to register the land over which Washdyke Lane runs into the name of the owner of the adjoining parcels of land under the legal ad medium filum rule, (Latin for "to the middle line").  This rule is a common-law legal presumption which dictates that a landowner whose property borders a road, highway, or non-tidal river/stream owns the land (subsoil or riverbed) up to the exact center line of that feature, even if it is not explicitly stated on their title plan.  It is not based on adverse possession, nor does it require 10 years of ownership to be demonstrated. Where land is registered under this principle any public rights over the land would continue to subsist, the registration does not negate or remove any pre-existing public rights.  Where such applications include land over which public rights of way exist the land registry will consult the local highway authority prior to registration of the land to confirm the extent of any public rights subsisting.  If the land is successfully registered and includes a public right of way the land registry will usually include a note of that on the registered title.   
  1. If it is registered land, why would the civil servants at the land registry get involved and who asked them to intervene
Please contact Land Registry who may hold this information [email protected].  
  1. Can you please provide copies of all communications with planning departments, developers, members of the rights of way committee and yourselves related to all the questions I’ve asked  
Please refer to the attached documents where you will find this information. 
  1. And as a local officer who should be working on behalf of the ratepayers and protecting my rights as a user of all of this and not the developers wanting to exclude me, why isn’t that happening 
The Countryside Access team work to ensure public rights of way are open and available to members of the public as well as investigating a large number of applications that have been submitted to have additional routes added as public rights of way. We don’t work on behalf of the developers nor the Land Registry but are often consulted by District and Borough Councils when planning applications are submitted giving them the location of existing public rights of way and letting them know of applications for additional routes that have been submitted to us.

We hope you find this information useful.
The Council publishes Access to Information requests and responses on its online Disclosure Log. Only requests deemed to be in the public interest will be included and any request included within this log will be de-personalised accordingly.
To view the Council’s Disclosure Log, please visit our website.
Your privacy: we use your personal information such as name and address so that we can comply with our legal obligations to respond to FOI requests.  For further details about the use of information about you, please see the information handling privacy notice on our website at:
https://www.nottinghamshire.gov.uk/media/4323566/informationgovernanceandinformationrightsprivacynotice.pdf
 
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review.   Requests should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to: Complaints and Information Team, Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, NOTTINGHAM, NG2 7QP or [email protected].
 
Please remember to quote the reference number above in any future communications.
 
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision.  The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, WILMSLOW, SK9 5AF or https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/.

Yours sincerely,


Freedom of Information
Complaints and Information Team
Chief Executives Department                                         
Nottinghamshire County Council
The Council is committed to protecting your privacy and ensuring all personal information is kept confidential and safe. For more details see our general and service specific privacy notices at: https://www.nottinghamshire.gov.uk/global-content/privacy
 


Download File Attachment Download File Attachment Download File Attachment