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Old 14-06-2012, 08:07 PM
gb_astro
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Pony Club side gate: Why you should not use it.

I am reposting this from a now closed closed thread.
Seems to need a bit more exposure...



I am really surprised anyone is recommending accessing the PC through the side gate.

As far as I know the PC does not have any right of way, right of access or even a verbal agreement with that adjacent land owner to use his driveway to enter the PC.
That side gate is a good 150 metres from the front street boundary so if you meet the owner coming the other way it might be a bit awkward saying you just pulled off the road to check your directions. The straight fact is that if you are on that adjacent land you are trespassing.

That members have been using it and no one has yet been challenged is just a matter of dumb luck.

That challenge almost happened to me a couple of months ago.
Myself and Joe, who also did not have a key, used the side gate to access the PC on a Friday night.
When we left about 1am we got lost trying to relocate gate.
We eventually found the it. Joe left first while I stayed to close the gate.
As I was doing that I could see the headlights of an approaching car coming up from somewhere far down the track.
Our five minutes of driving in circles around all those trees in the dark was apparently enough to arouse the suspicions of the neighbour.
Not feeling too brave by myself at that time of night I decided to just get out of there.

However a couple of kilometres down the road the guy was right behind me flashing his lights.
I pulled over expecting the worse. I think he was expecting the worse too so he approached pretty cautiously and said he just wanted to know what I was doing around there.
When I told him I had just been at the PC he calmed down and fell back on a story of how there had been a lot of burglaries around there lately and as he had seen lights in the trees around his place he had rushed out to investigate.
I am positive I got to the main road before he saw me so I assume he assumed I had left the PC via the PC main entrance.
If he had seen me on his property I think his attitude would of been a lot more hostile and I can completely understand why.

This was quite a scary incident especially when I consider the possible less favourable outcomes to the situation.
To prevent it happening to anyone else I strongly suggest we forget all about that side gate.

The only reason I decided to use the side gate in the first place was that I assumed that it must be close enough to the main road so that you could zip through it before anyone would notice.
At about 150 meters off the main road this is definitely not the case..

Greg.

Last edited by gb_astro; 14-06-2012 at 08:18 PM.
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Old 14-06-2012, 08:16 PM
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Also in the now closed thread Irish stargazer John reported this incident:

"The first time I went to the PC I parked in the side road a few metres off the main road waiting for someone to arrive and open the PC main gate. A car pulled up beside me and politely told me I was on private property."
  #3  
Old 14-06-2012, 10:55 PM
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I think you are scare mongering Greg.
From what I have heard, that is a fire trail down to the Pony Club side gate.
I've been on it before and the neighbour did not question me (he saw where i was going).
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Old 15-06-2012, 09:43 AM
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I also believe this to be scare mongering as we were told about the side gate by one of the trustees of the pony club. Why would there be a side access to the pony club if they were not allowed to use it to access the property? It would just be a straight fence line and second why would she tell us we can access the property from the side gate, if she knew the neighbors would have an issue with it if the road was private property.

We have met the neighbors on a few different occasions. they wander onto the field when they are out for a walk with their kids, and they have been nothing but nice and always stop for a chat. It would be very hypocritical if they expected to be able to walk on the grounds of the pony club but wouldn't let people wanting to use the grounds on their "driveway".

I would say that you were "challenged" because you were there on a night that the group does not regularly attend the club ie friday night when we only ever go on a sat night, the second reason would be because you took an inordinate amount of time leaving they probably thought you were hoons. (seeing headlights going around in circles for 5 mins or so out the front of my house would make me go out and have a look as well.)
  #5  
Old 15-06-2012, 11:23 PM
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Quote:
Originally Posted by Allan_L View Post
I think you are scare mongering Greg.
From what I have heard, that is a fire trail down to the Pony Club side gate.
I've been on it before and the neighbour did not question me (he saw where i was going).
No offence Allan but calling that driveway a fire track is just crazy. You only have to stand at the entrance to it or look at it in Google Street View to see otherwise.
You see the large sign the guy has put up to advertise the business (excavations and electrical) that is based there plus you see his letterbox with the street number on it. There is also the power lines going down to the house.
Go to Google Satellite view and you can see the driveway running along the boundary right down past his earth working equipment to the residence. Also note that this is the only entrance to the property. Sure sounds like private land to me.

There is a track along fence line going down to the bushland behind the PC. It starts about half way along the PC boundary but this track is entirely on the PC side of the fence and does not go up to the main road. You can see it in the satellite photo as well.
This is could be the track people are conveniently confusing with the private driveway.

The fact that someone saw you at the side gate and did not question you is a good sign though.
I might call that adjacent resident tomorrow and try and get a definite answer.

Greg.
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  #6  
Old 15-06-2012, 11:56 PM
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Quote:
Originally Posted by Amunous View Post
I also believe this to be scare mongering as we were told about the side gate by one of the trustees of the pony club. Why would there be a side access to the pony club if they were not allowed to use it to access the property? It would just be a straight fence line and second why would she tell us we can access the property from the side gate, if she knew the neighbors would have an issue with it if the road was private property.

We have met the neighbors on a few different occasions. they wander onto the field when they are out for a walk with their kids, and they have been nothing but nice and always stop for a chat. It would be very hypocritical if they expected to be able to walk on the grounds of the pony club but wouldn't let people wanting to use the grounds on their "driveway".

I would say that you were "challenged" because you were there on a night that the group does not regularly attend the club ie friday night when we only ever go on a sat night, the second reason would be because you took an inordinate amount of time leaving they probably thought you were hoons. (seeing headlights going around in circles for 5 mins or so out the front of my house would make me go out and have a look as well.)
Hi Michael.

As far as I know Pony Club is not private land but some form of crown land administered by the local council.
The public have a right to use it subject to any council restrictions.
So there would be nothing hypocritical in any of the locals wondering in for a chat but then objecting to us driving on their private land.

The side gate could be a legacy of a previous subdivision when the the PC might have been just another cow paddock.

I don't suppose you remember the name of that PC trustee?
Perhaps the PC really does have an agreement with the neighbor.
Or maybe she is just another believer in this fire trail myth.

I really do hope we are allowed to use that side gate but at the moment the story is just too vague for my liking.

Greg

Last edited by gb_astro; 16-06-2012 at 12:21 AM.
  #7  
Old 16-06-2012, 03:45 AM
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Hi Greg.
You and I think alike.
I too did a google maps close up.

What I see is a track that goes down past this guys house and keeps going and eventually is called Ikari Rd. It eventually links back up with Wisemans Ferry Road again further back up.

It is not unusual to see a bunch of letter boxes at the end of a dirt road that the postman does not want to go down.

The fact that you "shot through" as the neighbour approached is reason enough for him to chase you. And you yourself said he settled down when you told him where you had come from.

Perhaps someone should ask Gosford Council? bones ?
  #8  
Old 16-06-2012, 10:59 AM
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had i got to play tennis this week i may have been able to answer the question re the side road

maybe next week will be fine

as to the question of whether we need pony club permission to use the pony club grounds - the answer is a big NO

we have permission from the Board of Trustees to use the ground at any time that does not conflict with other users of the site

geoff
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Old 16-06-2012, 12:54 PM
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Quote:
Originally Posted by Allan_L View Post
Hi Greg.
You and I think alike.
I too did a google maps close up.

What I see is a track that goes down past this guys house and keeps going and eventually is called Ikari Rd. It eventually links back up with Wisemans Ferry Road again further back up.

It is not unusual to see a bunch of letter boxes at the end of a dirt road that the postman does not want to go down.

The fact that you "shot through" as the neighbour approached is reason enough for him to chase you. And you yourself said he settled down when you told him where you had come from.

Perhaps someone should ask Gosford Council? bones ?
Hi Allan and all.

To be honest I purposely decided to not voice my opinion on the other thread that was eventually closed by Mike, as I thought it was pretty ugly and heated and I didn't want to get involved. I do have opinions about this side track issue which I now give only because I have been asked to by Allan, and it should be noted that my points below are not the opinion of Gosford Council (of whom I am an employee), but mine. If you want Council's opinion in relation to the use and access associated with access to the Pony Club I suggest you contact Council's property section which I am not a part of, to see what light they may be able to shine on the situation.

My opinion are as follows:
1. I see that access to the Pony Club is by way of a key to the gate. If this wasn't the case why did the Board of Trustees in care and control of the site bother to give someone a key in the first place? Why not just say initially "forget the key, just use the side track, there's a gate there."
2. In relation to the side track, my understanding is that this is located within the neighbouring property to the south, and not on the Pony Club site. The only way that LEGAL access would be available at all times by any users of the Pony Club site would be if there was a right of carriageway and/or right of access (ROW/ROA) of which the Pony Club was a beneficiary on the land title, with this ROW/ROA over the location of the access track in question. I'd be surprised if there is one as these are usually created when a site does not have direct frontage to a public road, or direct access from the frontage road is denied (as is the case for some properties that front State Roads or when such access is restricted as part of a development control plan); furthermore, the Pony Club site has the front boundary that is full frontage to Wisemans Ferry Road and it has its own access within this road frontage. The only way that it can be established if there is a legal ROW/ROA is by way of documentary evidence in the form of a title search through the NSW Land Titles Office (who might now be known as Land & Property Information).
3. In relation to the side gate, this could be a historical gate, and its inception could have been for any reason e.g permission for the Pony Club to set up and get horses to the site when they hold events, or maybe even a previous owner of the site to the south may have had a horse that attended such events at the PC and it was easier access for them as such rather than go out on to Wisemans Ferry Road to then access the PC site as normal. I don't know the history of the gate and I'm not going to "crystal ball" to find out.
4. Personally I have never used the side gate, nor do I intend to in the future. Yes, I saw it posted in previous blogs, but as far as I'm concerned I do not know the owners, spoken to them, not even seen them, so in my opinion I see I'd be tresspassing on their land if there is no ROW/ROA, and I'd imagine they'd see it the same way. If there is a verbal agreement between the PC custodians and this owner, I'm a stranger to that agreement and not part of it and as such prefer to use the PC front gate only.
5. I rarely travel south of the PC site, but some time within the last 12 months I saw a 'for sale" sign in front of the property to the south. whether it sold or not, I don't know, but if it did would the new owner be aware of what could be a verbal agreement between the PC and a previous owner?
6. Although I haven't been up at the PC much of late, if I do think of going I always check the latest thread to see if its on and if there is going to be a key holder present to open the gate.
7. In relation to a key to the front gate, I recall someone said in the previous (closed) thread that if someone wants a key, borrow one off a key holder, go to Mr Minit and get one cut. Is this an agreed arrangement with the Board of Trustees for the PC to be able to do this, if not I regret to see something like this practise 'burn a bridge' with them. The way I see it with a holding of a key comes responsibility & accountability, not only with the board of trustees for the PC site but also as a representative for all who don't have a key and hope that we can use this site. Personally I see it as a blessing we have such a public site available for our use. It's the darkest site in a reasonably "close proximity" that our group can get regular access to - far better than my backyard for sure.
8. You mentioned Ikara Road. Ikara Road does not share a common boundary with the northern boundary of the PC site, but is actually on the northern side of adjoining property to the north of the PC site (that is the one that the agricutural establishment is proposed on). To my knowledge only the first part of Ikara Road has an access drive for the property to the north of it, the rest is unformed and possibly used by the farm to the north of it. Furthermore, Ikara Road is a Crown Road, not a Council Road. The track on the southern side of the PC although it might go around the PC site and then gets called Ikara Road, it itself is not parrt of Ikara Road.

As mentioned at the start of these comments, this is my personal opinion on the matter. These comments are provided as food for thought, and are in no way intended to provoke, incite, or offend.

Regards
Bones
  #10  
Old 16-06-2012, 01:15 PM
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I rang the adjacent resident this morning and spoke to the wife (forgot to ask her first name).
She was quite friendly and referred to us as the "star people". I like that .

She said that the driveway/track is their driveway on their land and there is no legal right for anyone else to use it without their permission.
So sorry Allan there is no question of Crown Land here.

When I asked about the side gate she said the they do the grass slashing of the PC field and they use that gate to gain access.
They do not have a key for the main PC entrance.

When I asked about PC horse riders using the gate and their driveway to gain access she became a bit vague and mentioned another gate further into the property presumably on the PC side of the fence.
Unfortunately I could not follow her description of where it was located. Looking at the Google photo though it is logical that there might be another gate at the rear of the property where Ikara road comes to an end and a track into the PC starts. Perhaps this is the fabled gate/track everyone has heard about. However she also said that this gate was locked and the PC had the key.

I have arranged to ring her husband Peter tomorrow to get a bit more info.
Turns out he is the chap who chased me down the road. Should be interesting.

Greg.

Last edited by gb_astro; 16-06-2012 at 01:28 PM.
  #11  
Old 16-06-2012, 01:25 PM
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Thanks for the input Bones.
I too have been wondering too about how many keys the PC trustees think we have/should have.

Greg.
  #12  
Old 16-06-2012, 03:56 PM
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GTB_an_Owl (Geoff)
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a word to the wise -

rather than knowing the answer, it is sometimes wiser not to ask the question

the Owl
  #13  
Old 16-06-2012, 11:41 PM
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this is not the place for this - thread closed - there will be actions for resurrecting this again
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