Rights of way obstructions
On 23/07/16 09:36, jim wrote:
Nightjar Wrote in message:
On 22-Jul-16 11:28 PM, jim wrote:
what constitutes an "obstruction" on a RoW ?
Does a couple of people repairing a wall at the side of a RoW
reasonably constitute an obstruction if legitimate RoW users can
pass by with care?
Is it a private RoW or a Public RoW? If private, the test for
obstruction is whether or not there is a substantial interference to its
use. If public, the Council can demand the removal of even a temporary
obstruction and remove it themselves if that is not done. In either
case, the remedy is likely to take a lot longer to implement than the
wall repairs.
The alleged obstruction is typically odd mornings/afternoons
where
2 blokes, a cement mixer and associated tackle are building. When
they aren't there everything is taken away.
When traffic comes along, (rarely as they avoid weekends & bank
hols) they turn off the mixer as necessary /on request, move
anything in the way, chat to and smile at the passersby.....
Someone has complained of obstruction to the council....
A half decent council will have a busy Rights of Way officer who is used
to dismissing malicious complaints and timewasters and has more serious
things to spend time on.
Tim w
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