Neil, UCR’s – A remarkably complicated area, that we hoped would be delivered some much needed clarity by the Deregulation Act…we hoped in vain.
My reading is that the erection of a gate on a highway of any status can only be done with the permission of the highway authority – section 145 and 147 of the highways act 1980.
The problem comes out of how to enforce.
S130 a-d gives ‘any person’ powers to force the LA to take steps to remove an obstruction, but only applies to rights of way. The main chapter of section 130 however gives parish councils power to demand the HA enforces against obstructions. So that might be one way forward, approach the parish council for support, a letter from LAF might be an important step there, but parish council appears to be the only people who can force the HA to act.
Other options might include:
I) Submitting a right of way claim based on prescription (20 years use)
Ii) Submitting a ROW claim based on historic evidence
Iii) Equality act (blocks wheelchair/mobility scooter access) – potentially a complaint to council equality department over their failure to act to remove obstruction being discriminatory
Iv) complaint to LGO
V) In extremis – Common law abatement action (removing the obstruction yourself) – if we know the gate isn’t authorised then I wouldn’t hesitate about doing this.
How’s that for starters?