Access to Westmorland Park and Hayley Green Wood from Forest Road, Hayley Green
Issues have arisen over access to Westmorland Park and Hayley Green Wood. These are addressed below as two separate matters:
1. Access from Forest Road along the track next to the property ‘Sentosa’
2. Safe access via Edmunds Lane
Track adjacent to Sentosa
The track beside Sentosa is not a public right of way according to the definitive map which is maintained by Bracknell Forest Council.
From the information forwarded to the parish council, the title recorded with the Land Registry shows that, that part of the track is within the boundary of Sentosa and that there is limited right of access to named parties across the land. Therefore, the landowner has rights over who can access the track.
The Highways Act 1980 provides for a landowner to exercise their right that their land is private property and for them to indicate that they have no intention of dedicating it or any part of it as a highway or a footpath. Members of the public can challenge such an assertion if they can demonstrate continued use over a continuous period of time of more than 20 years. If this can be done then a right of way used can become recognised and legitimate.
For this to happen members of the public must provide evidence, initially to the Bracknell Forest Rights of Way team for consideration. There is due process to be followed which may result in an inspector appointed by the Secretary of State to considering the matter. This takes time and it should be recognised that the rights of the landowner remain in place during this process.
The parish council therefore recommends that any members of the public who feel they have evidence that can demonstrate continued use should forward this to the Rights of Way team. The parish council have spoken with the Rights of Way team who are aware of this situation.
As this is a matter occurring on private land the parish council has no jurisdiction on this case. Bracknell Forest Council are collecting evidence and a form for you to complete as evidence and a map are available below.
Safe access via Edmunds Lane
The alternative access to Westmorland Park from Hayley Green is via Edmunds Lane. Access to Edmunds Lane from Forest Road is via a narrow path and is not ideal. This is a road safety matter for Bracknell Forest Council to consider. The parish council would advise residents to contact their Borough ward councillors with their concerns about accessing the park via this route and the parish council will also take up this matter.