Yes, under [url= http://www.legislation.gov.uk/ukpga/1980/66/section/137 ]Section 137[/url] of the Highways Act 1980. Usually we visit / write to landowners and ask that it be opened immediately; I normally give them 7-14 days (depending on who else has locked / removed stuff) then the bolt-cutters are deployed.

Maybe they didn't like the creation and are getting awkward and they might be on the [i]n[/i]th chain.Then the landowner will need a legal notice serving on them (21 days, a week, then 21 days, then in theory court), perhaps this could be the case with you?

Give your RoW people a ring and get an update 🙂

[edit]

Finally, ninfan 😛

Thanks

They certainly don't like the creation!

see below link - section 130 notice on the LA.

http://www.ramblers.org.uk/go-walking/the-expert-view/rights-of-way-and-access-issues/how-to-get-an-obstruction-removed.aspx

Damnit Schnor!

Tell me, what are your views on abatement rather than statutory powers?

I take it from your mention of bolt croppers that your HA takes the view that council officers have the common law power to 'abate rather than wait' ? (Some seem to be a lot more shy of this despite S333)

Ever worth a user doing this in your opinion? I know I've done it in the past, but I'm a bit more assertive than most would be comfortable with.

Chuck bike over gate, ride bike, anyone gets upset ask them to call the police, point out to police it's a legal right of way, continue to ride bike, leave police to discuss obstruction with landowner.

http://www.ramblers.org.uk/go-walking/the-expert-view/rights-of-way-and-access-issues/how-to-get-an-obstruction-removed.aspx

HA's are cautious in their approach as elected members and upper management – who ultimately make final decisions on difficult cases – typically only act where statutory powers explicitly say [i]“yes we can do X, Y or Z as Acts 1, 2, and 3 say we can”[/i], because as you know, cases might end up in court and it's always better to have a paper trail of timetables, decisions, etc, backed up by relevant statute(s).

In practise I (and having spoken to other RoW people) very rarely need to resort to abatement as [url= http://www.legislation.gov.uk/ukpga/1980/66/section/130 ]Section 130(5)[/url] is quite broadly worded – certainly for resolving something as straightforward as a locked gate.

generally take such steps as they deem expedient.

Should HA's use abatement more? Probably yes, but a majority of the time I would say statutory powers are sufficient in terms of asserting and protecting the network, although admittedly it is slow (and dare I say, expensive).

If I were dealing with the OP's case, having written to them beforehand referencing the HA 1980 Act asking them to, in so many words, [i]“remove the obstruction or we will [b]and[/b] bill you for it too”[/i], if they don't, I can't really see any possibly comeback on me taking a set of bolt-cutters on site (indeed this was done, not me but a colleague, on Thursday).

Section 333, IMO, only serves as a reminder that statutory powers haven't necessarily taken primacy over common law powers. As I understand it, S333 is why powers of abatement for the HA are much greater than those afforded to the public; i.e. [i]“any person under such an enactment or rule to proceedings”[/i] e.g. I'm empowered under various Acts to do X, Y and Z but the public aren't.

Now, as to the extent of powers of public abatement, in the past I've recommend what the [url= http://www.ramblers.org.uk/go-walking/the-expert-view/rights-of-way-and-access-issues/basics-of-rights-of-way-law.aspx ]Ramblers[/url] suggest (no. 22), with the additional proviso of not carrying anything bigger than a hand tool (e.g. foldable saws / pruners / hedging tools / etc).

I suspect a lot more is done that I know about, which in fairness saves me some work 🙂

[edit]

Just found [url= http://uk.practicallaw.com/9-385-9230?service=property#a808524 ]the case[/url] I suspect the Ramblers' have based their advice.

Cheers

I suspect that abatement, in these times of stretched budgets etc. may begin to play more of a role as a solution to minor problems like this, could be a good role for parish councils to deal with practically and expediently. I know that the frustrating thing from a user point of view is often the extensive delay in resolving issues, people might be less prone to do it if it was dealt with quickly too.

Definitely a good way for parish councils to take on more enforcement duties in these lean times. Yep, I completely agree that the speed at which HA's act is the primary problem people have with us when dealing with what should be very simple things to resolve (locked gates, missing infrastructure, etc)