Above: The notice appears at the junction of the old track and Macclesfield Old Road.
Above: Click to enlarge the notice.
Things finally seem to be happening with the application to make a section of the old Cromford & High Peak Railway track a public right of way (PRoW). It’s some two and a half years since it was submitted to Derbyshire County Council. And a notice has only just appeared beside the track asking for public comments.
There’s lots of information on this website explaining why the application was made (click to view). It started back in April 2020 when someone living beside the route asked me to change the directions for walk 12. This follows (as far as possible) the disused railway line from where it once passed under Macclesfield Old Road on the outskirts of Buxton through the Goyt Valley all the way to Whaley Bridge.
A number of people also got in touch at the same time saying they’d been forced back from the route – sometimes quite aggressively. I made enquiries and found that although people have been walking it for many years, it’s not a designated right of way. But it can be made one if we can prove it’s been used unopposed for more than 20 years.
Above: Cow slurry was sprayed across the entrance back in May 2020 to deter walkers.
Above: The map used in the application (click to enlarge).
The previous owner of the land doesn’t seem to have had any problem with people walking the track. But the present owner made it very clear that he will fight the application all the way – as is his right. So we need to gather as much support as possible to ensure people can once again walk a route they’ve been using for as long as anyone can remember.
It’s a fairly long and complicated process but the Peak & Northern Footpath Society offered to help. So we set about gathering evidence and presented a bulging folder – including signed evidence forms from 50 people who have used it for more than 20 years – in August 2020.
Evidence required
The recent notice asks anyone who wants to comment on the application to email Hannah Roberts from Derbyshire County Council at Hannah.Roberts@derbyshire.gov.uk before 23rd March 2023. The reference to quote is ‘AG/HR/100116’. Hannah explained:
The most useful comments to receive would be from people who can attest to the existence of the claimed right of way. Other matters such as safety or suitability cannot be legally considered as they do not demonstrate whether a right of way exists.
So the most important comments would be from anyone who has walked the route from before 2000 – 20 years before we made the application. And to confirm that no one stopped you from walking it, either verbally or by putting up notices.
Click the button below to send your comment to Hannah at Derbyshire County Council.
If anyone has any questions about the application, please leave a comment below or get in touch using the contact page.
Page update: June 6th 2023
Many thanks to those who were able to come out at short notice to pose for a photo at the gates of the railway track. It was for an article which should appear on the next issue of ‘Pure Peak’.
Application approved
Page update: September 22nd 2023
I’ve just received the good news that Derbyshire County Council approved our application on August 24th. Click here to read their decision notice. The next stage is for DCC to announce what they call a ‘Modification Order’ to the Definitive Map and Statement which lists all the public rights of way in the county*.
This will give the landowners a six week period of notice to object to the Order. There are three landowners along the route so I’m sure at least one of them will do this. I asked Hannah from DCC to explain what happens next:
If we receive an objection, Derbyshire County Council cannot confirm the Order and it must then be submitted to the Planning Inspectorate who will decide on the procedure necessary to determine the Order. This could be through written representations, or by holding a Hearing or Public Inquiry.
Orders only come into force once confirmed, and it is only then that an Order route becomes a right of way.
Rhoda from the Peak & Northern Footpath Society, who presented the application on our behalf, also told me:
The Planning Inspectorate will deal with this – almost certainly a public inquiry at which users will be cross-examined by an expensive barrister paid for by the landowners. So it will be essential that the most confident and least timid of them appear at the inquiry and can stand up to the barrister.
They will be questioned about their record of their use of the route, but if they stick to their evidence, all will be fine.
*I’ve asked Hannah about the likely timescale for the date of the Modification Order, and for how long it typically takes before a Public Enquiry is held and a decision announced, and will update this page when I get a response.
I have walked that track for years – as far back as in the 1950s – our 17th Buxton Scouts and cubs used to have walks there – in the summer “midnight walks” – that was up Macclesfield Road, Macc old road – onto that track and through the tunnel which was open then and into the Goyt Valley.
I was born in Burbage and we regularly used the track unopposed and were always lead to believe it was a right of way. As far as I was aware we did this without protest 1980 – to in to 2000s.
I’ve lived in Burbage all 42 years of my life. I played up there all though the 1990s and walked during the 2000s. If they need proof it was used during the past 20 years, I’m sure you will find the truth. I really hope the path is reopened for people to use and enjoy for many years.
I also walked this route many times with my dogs. I agree it would be amazing to open up the tunnel and make this track accessible to all.
I’d really like this open. It would also be lovely to have it as a bridle path as there are limited opportunities to get off the sometimes very dangerous roads.
I used to live in Burbage and this was a lovely walk for me and my children in the 70’s 80’s and some of the 90’s. You didn’t have to worry about traffic and the children could play in puddles. Many many people used to walk up there. I really don’t understand why it has been stopped. I don’t live in Buxton now but it would be lovely to have the path opened again for future generations.
I and many others played there in the 1960s, I taught my kids to ride their bikes in safety in the 80s and 90s, I can’t ever remember it being opposed. Pure selfishness to stop this local amenity.
When we moved to Anncroft Road in 1990 we asked where the best place was to walk from the house. Locals told us the views from the old railway line were always the best. The children looked for the Easter bunnies each spring and we all enjoyed the safety and beauty of this walk from Macclesfield Old Road along the railway and down past Plex Farm for years. We had no idea it wasn’t a right of way. Now the path is barred at a time when more people would feel the great benefit of walking that safe route above Burbage.
We used to ride down here with the ponies coming from the Goyt Valley end. This was in the 70s. Was never stopped by anyone. We came over the moor from Brandside and down the old railway line. This was before there was any fencing over the moors and could easily access the route.
Hi David – I have only just seen this post and have missed the deadline for comments. We did comment originally though back in 2020. Do you know if those original comments will be taken into account or do you have to comment during the formal consultation phase?
We were wondering what is happening with the application for the Old Railway line path above Burbage to remain as a public right of way. We notice the Private signs are still in place. Many Thanks for the work to ensure the path remains open to the public.