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  • Rights of way act,laws anything

    I need some help guys.
    I am currently trying to get a “ cut” closed.
    Basically it is a footpath that leads into a park area and we are a cul de sac that it is in.
    We have huge problems with groups of youths coming through the close drunk, screaming, shouting, swearing and vandalizing property and cars.
    There is also a problem with groups of youths using it to get to a community center, while they may not be intentionally trying to be a pain any group of 7/8 kids is causing a lot of noise, sadly as the cull de sac funnels all the kids in then the effect is worsened.
    Plus the local chavs use it to scream through on the motorbikes and mini motos; we have had accidents with cars smashed.
    Now I am not trying to deny people access to this area, there is another access point less then 75 yards away, this cut is simply a hang over from when most people on the estate didn’t have cars so access is not a problem.
    But the local council and even my ward council is simply saying that it is very hard to get closure through, if one person objects then they cannot close the cut.
    Even if that person is one of the prats causing the problems.
    So has anyone had experience of dealing with this sort of thing, closing the access I mean not the anti social element, I have plenty of experience of that.
    Has anyone tried and succeeded in doing this, any lawyers out there that can help.
    Anyone, if this goes on there is going to be some real trouble, either a kid will get in the way of one of these bikes or a resident will confront these arse holes and either hurt one or get hurt themselves.
    I really need some help in this.
    Anything would be useful.
    THE PSYCHIC BIKER

  • #2
    It can be simple, but can also be a drawn out process

    we got a footpath diverted out here a few years ago.

    If less than 75 (I think) people a year use it its dead easy to close, but I guess that won't be the case.

    It comes under the Highways act. You have to submit a planning application to the secretary of state.

    "Paths can only be closed if it can be shown that the public no longer need the right of way. The authority has to take into account how much the public use the route and how a closure would affect the land and the right of way crosses.
    If the authority decides that they want to close a route, a public notice must be published in a local paper and also placed at both ends of the path for a minimum of 28 days to notify the public that they can object to the closure"


    It sounds as though the public no longer need it, but they might take into account the scroats 'need' it to get where they want to do scroatish things'

    best way I would go, and its what we did is talk to all your neighbours in the street first. If everyone of them agrees, it'll make things tons easier. Then submit the planning application tot he council stressing that it is on behalf of and supported by everyone in the street. A single objection from the neighbours will kill it stone dead

    stress the nuisance element and hope for the best. The council have to submit these to central government usually, so can take months

    the only other potential bogey is to look at the path and think, would fire brigade or ambulance personnel ever need to use it in an emergency, if not then you should be ok. The police should be ok, as cuts through houses like this, can be a hinderence to them, if they chase a car it comes down the street and is abandoned, they can leg it through the cut, so the police have to follow on foot
    ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ.

    Thought for the day:
    Some people are like slinkies - not really good for anything but bring a smile to your face when thrown down the stairs

    Converting an MFV Fifie trawler type thing.

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    • #3
      The path is used,but as i say the loss would not be a huge problem,literally 50/75 yards away is a main street going to the same area.
      But as the council say if ONE person objects it stays open.
      THE PSYCHIC BIKER

      Comment


      • #4
        best bet is to make some enquiries about the one on Cowpen Road that went into Lindsay Ave at The North Farm,it was closed a number of years ago and it was a genuine/usable footpath into the estate,it was no doubt closed for the same reason you want the said Cut closed,if they can close one no reason why they cant do it again,speak to the local ward councilor or gave your MP a ring
        Cheers Alan...

        Comment


        • #5
          Originally posted by alan View Post
          best bet is to make some enquiries about the one on Cowpen Road that went into Lindsay Ave at The North Farm,it was closed a number of years ago and it was a genuine/usable footpath into the estate,it was no doubt closed for the same reason you want the said Cut closed,if they can close one no reason why they cant do it again,speak to the local ward councilor or gave your MP a ring
          Cheers that is interesting,my local councillier is a waste of space,i spoke to her on Thiurs night.
          Just trots out the same bull****.
          I have however found some info on the 1980 highway act and gated orders.
          Council says that someone would have to open and close them,wrong,there is provisions in the act to close them at all times in cases of anti social behaviour.
          But i will look into that
          THE PSYCHIC BIKER

          Comment


          • #6
            If you dont know which cut i'm referring to its still visible between the houses,straight in front of the little play area on the green
            Cheers Alan...

            Comment


            • #7
              Originally posted by alan View Post
              If you dont know which cut i'm referring to its still visible between the houses,straight in front of the little play area on the green
              Cheers,the wife is in bed but i intend to go have a look next week and am going to become a right thorn in the side of the planning dep't.
              THE PSYCHIC BIKER

              Comment


              • #8
                There will be a community safety team - get them on the case too. That way they can be dealing with the problems while you are battling to get the cut closed off. Lets be realistic here - we are talking council timescales nothing happens quickly, I should know as I work for one
                UKCC Level 2 Game Angling Coach

                Comment


                • #9
                  Yeah i know Pottsy,apart from my wife who used to work for one i am involved with quite a few forums,focus groups etc with my local housing Auth.
                  5 years plan for captial works,new windows,kitchens,bathrooms etc.
                  We are in year 2 now and the work still ain't started.
                  In fact we only had the contracters presentations last week.
                  I am always feeling like i am banging my head against brick walls.
                  But my first thing to do is to meets with the ASBO team,i know them cos i am on that panel,sort out the problems some people are having in the short term,but they will come back once the focus is removed and look to close or at least gate that cut.
                  But i know it prob won't happen this year.
                  THE PSYCHIC BIKER

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