Patchetts Green Bridleways Trust
 PG: OBJECTS: PROMOTION: Elstree 49 and Shenley 45 Restricted Byway from Theobald Street to Woodhall Lane

route from mapmyrun.com Current status: CONFIRMED, Oct 11.

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Strategic significance: This path forms part of one of the community circuits planned by the Trust and BHS for the area: the Aldenham Parish Ride. It links to the Shenley Parish Ride. It forms part of a strategic longer distance route for walkers, riders and cyclists from Bushey to Shenley.

Background: The route shown in red was proposed as part of a scheme to reorganise rights of way on the Woodhall Estate in Shenley. The two routes shown in pale blue are not currently open and available to riders or cyclists, although an order has been made by the county council to record them as all purpose highways. Such orders only come into effect if confirmed, and to do this there will need to be a public inquiry, as there were objections.

The aim of the scheme is to move the (blue) through route to be more convenient to the landowner and provide a better route for riders and cyclists and, depending on viewpoint, walkers. The blue routes are deleted (without their status having to be confirmed by a public inquiry first) as is the yellow footpath. The red route is legally created as a restricted byway, putting its existence beyond doubt. It is always at least 4m wide, and for much of its length is at least 5m wide. In recognition of the benefit to the landowner, if the scheme goes through, the foopaths remaining on the estate have their widths recorded as 4m, so guaranteeing freedom from encroachment.

Legal History
The Hertfordshire County Council (Shenley 37, Elstree and Borehamwood 49 and 61) Modification Order 2005 would have added the blue route to the definitive map as a byway.
The Natural Environment and Rural Communities Act 2006 changed the underlying rights from byway open to all traffic to restricted byway.
The Hertfordshire County Council (Shenley 7, 8 and 37 and Elstree and Borehamwood 49, 54 and 61) Extinguishment Order 2011 deleted the blue and yellow routes, and the routes recorded by the 2005 modification order and some short pieces of footpath. Confirmed Oct 11.
The Hertfordshire County Council (Shenley and Elstree and Borehamwood Footpath and Restricted Byway) Creation Order 2011 set out the red route as a restricted byway and created new pieces of footpath to replace the short pieces deleted. Confirmed Oct 11.
Once the extinguishment and creation orders had come into effect, the 2005 modification order was submitted to the Secretary of State with a request that it be 'not confirmed', which duly took place. This means we have now the routes set out in the creation order, and the red route is available for walkers, riders and carriage drivers.
Definitive Statement (4 Dec 2015)
Path: Shenley 45.  Status: Restricted Byway
Commences from Woodhall Lane (county road) at TQ 1871 9976 then continues generally S, then curving SE and SW for approx. 425m to junction with Shenley FP 7 at TQ 1878 9940 then continues generally SW mostly adjacent to a stream for approximately 270m to TQ 1864 9918 then generally S for approx. 90m to TQ 1862 9909 then generally NW past the junction with FP 8 and continuing for approx. 195m to TQ 1848 9921 then generally SW for approx. 95m to the parish boundary to join Elstree and Borehamwood RB 49 at TQ 1839 9917.
Width: 6m between TQ 1871 9976 to TQ 1871 9973. 5m between TQ 1871 9973 to TQ 1872 9963. Varying between 4m and 5m between TQ 1872 9963 to TQ 1878 9940. 5m measured from the top of the bank, where the path is adjacent to the stream between TQ 1878 9940 to TQ 1864 9918. 5m between TQ 1864 9918 to TQ 1839 9917.
Limitations: A Kent Carriage Gap at or within 2m S of TQ 1871 9976. Between TQ 1871 9976 to TQ 1872 9966 and TQ 1864 9918 to TQ 1862 9909 is subject to the right of the owners of the land to retain any mature trees on the land forming the RB. Between TQ 1848 9921 to TQ 1839 9917 to include existing hedgerow but leaving a clear width of at least 3m.

© 2017 Patchetts Green Bridleways Trust. File reference: EC102.