Reviving this thread from last year:
[url= http://singletrackworld.com/forum/topic/attn-durham-riders-local-landowner-needs-putting-back-in-box ]http://singletrackworld.com/forum/topic/attn-durham-riders-local-landowner-needs-putting-back-in-box[/url]
While this gate remains locked, I have checked again today (after a run-in with the tenant) that this road at Red House farm on the Waskerley Way remains on the adopted highways list. Here is a screen shot from this very afternoon:The blue track indicates an Unclassified County Road. As you can see, it extends right across the Waskerley Way (LH end)
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The tenant insists "There was a court case last year and Durham County Council lost".
DCC denies there has been a court case.
By coincidence I reported this obstruction again last week and told them if they didn't do something I would hand it over to the police as obstruction of the highway is an offence.
If you use the C2C/Waskerley Way please complain to DCC and keep using the road!
Here's the OS map for purposes of orientation:
[url= http://streetmap.co.uk/map.srf?x=405500&y=545500&z=120&sv=waskerley&st=3&tl=Map+of+Waskerley,+Durham+ [City/Town/Village]&searchp=ids.srf&mapp=map.srf] http://streetmap.co.uk/map.srf?x=405500&y=545500&z=120&sv=waskerley&st=3&tl=Map+of+Waskerley,+Durham+ [City/Town/Village]&searchp=ids.srf&mapp=map.srf[/url]
Can you not just climb over said gate. Doesn't seem worth the hassle.
Report to DCC Local Access Forum as well as the council rights of way team
Also plan some group rides that way 😉
Can you not just climb over said gate. Doesn't seem worth the hassle.
It's heavily laced with barbed wire.
Report to DCC Local Access Forum as well as the council rights of way team
I am on the LAF. It doesn't get involved in stuff like this. Only intersted in "policy" and "strategy".
It's not RoW, it's Highways authority. As I say, it's been reported numerous times.
Ahhhh the classic barb wire trick. We have the same ish issue round our way with one local nimby. Unfortunately for him it's backfired spectacularly and everyone climbs over the dry stone wall now which has suffered pretty much collapse in areas.
Don't threaten the 5-0, just do it.
Landowning scum like this don't deserve any favours.
Yep I tried to get through a few weeks back. Gate padlocked and barbed wire all over it. The bridleway sign has been removed as well from the gate area showing where access should be.
Ninfan knows his stuff on this but IIRC you are allowed to cut thru wire obstacles on rights of way if it is the only way you can use the right of way
Have you spoken to the Ramblers? Those guys have the benefit of having a host of pensioners with nothing better to do than to assert their rights. They say you could remove the obstruction:
[i]provided that you are a bona fide traveller on the path and have not gone out for the specific purpose of moving the obstruction, and that you remove only as much as is necessary to get through. If you can easily go round the obstruction without causing any damage, then you should do so. But report the obstruction to the highway authority and to us.[/i]
They also say this:
[i]Send full details to the highway authority (see Q7), and to us
Ask the farmer or landowner concerned to clear the obstruction
Take part in our footpath clearance working parties
If the problems persist, write to your local councillors about them
Send letters to local newspapers seeking support for any representations you may be making
If the authority fails to take action, consider complaining to the local government ombudsman for England, Wales or Scotland
[/i]
[url= http://www.ramblers.org.uk/advice/rights-of-way-law-in-england-and-wales/basics-of-rights-of-way-law.aspx ]Rambers advice[/url]
Sorry you might know all this already. I'd go to the ombudsman if the council are doing nothing.
Update us on your progress.
http://www.durham.gov.uk/article/2156/Road-or-pavement-obstructions
Report, report and report again. Highways authority will eventually have to do something about it.
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?
If it's wooden, set fire to it.
Battery angle grinder and make sure the arse is out. Leave him a pile of gate pieces in place of aone piece one
trying to get my head around where the gate is. But I was up there today riding and walked there last weekend. I aprked in the picnic carpark. There was a perfectly functioning gate that lets you onto the Waskerley way.
Where are you trying to get to and from?
https://goo.gl/maps/nkji9KskBA12
Some good tips ninfan, I will approach the parish council. Not sure how to force L.A to act though...they keep trying to pretend they don't own UCRs whenever money needs spending or they get troublesome in some way but there they are on the list of streets.
Jonba, turn left from there towards Consett and through the Waskerley junction switchback. Red House is the next farm on the right hand side. It's the track that links to Oxen Law.
Yes, it's a real problem Neil - if they are out of repair then you can take it to court, but as discussed above, obstructions seem to fall in this strange loophole where only the PC can force the HA to take action.
OK but if I erected a gate across the road outside my house and told drivers they had to use an alternative route I think the police would be round fairly promptly!