Widths matter

‘…members of the public are in general entitled to unrestricted access to the whole and each part of a highway’.

So said Cranston J in the landmark judgment Herrick v Kidner and Somerset County Council in 2010: Open Spaces Society activist Peter Kidner took Somerset County Council to  court for failing to remove gates and gateposts which obstructed part of Barcroft Lane in South Petherton.  He won in the high court and secured removal of the obstructions.

Cranston J’s words were reiterated in the high court last week by Lord Justice Moore-Bick in Kind v Northumberland County Council.  Alan Kind of the Byways and Bridleways Trust had challenged NCC’s failure to remove a cattle-grid which extends across Capheaton bridleway 11. He won.  Said Moore-Bick LJ: ‘The very nature of a public highway is such that the right to use and enjoy it extends to the whole of its width at every point along it.’

Here in the Chilterns we are urging Buckinghamshire County Council to take action against a new fence which has been erected on Ibstone footpath 13, depriving walkers of about 71 cm, or 28 per cent, of its 1.8-metre definitive width.

Ibstone footpath 13, on the north side of Turville village, was diverted out of a garden and along the field edge in 1995 following a public inquiry at which the objectors included Bucks County Council, the Ramblers and the Open Spaces Society.  The confirmed order sets the highway width at 1.8 metres, or 180 cm.  Now that width has been reduced to a mere 109 cm.  In practice, it is less because people will not wish to walk close to the new barbed-wire fence.

We have called on Bucks County Council to take the necessary action to remove the fence and restore the path to its full width.  The courts are on our side.

Ibstone footpath 13: the definitive width is from the right-hand fence to the piece of wood on the ground, but it is severely restricted by the left-hand fence with its two barbed-wire strands.

Advertisements

About campaignerkate

I am the general secretary of the Open Spaces Society and I campaign for public access, paths and open spaces in town and country.
This entry was posted in AONB, Bucks, Open Spaces Society, Public paths, Ramblers, Turville, walking and tagged , , , , , , , , , , , , . Bookmark the permalink.

4 Responses to Widths matter

  1. ossjay says:

    Very important – we should never be cowed into using a narrow part of our rights of way, and use of the full width helps different users rub along happily.

    • Miss Moppett says:

      The celebrated Barcroft gates judgment (see http://www.barcroft-gates.co.uk) was absurd. No rambler was ever stopped or blocked from walking the much improved footpath carried out at great expense by the landowner. The gates were 20ft wide and permanently locked OPEN. All the local walking groups supported the landowner. Odd indeed.

  2. Ronnie G says:

    Kate and her ilk are saddest bunch of idiots I’ve ever encountered. Obsessing about legal minutiae at vast cost to local authorities and no value to walkers. By all means fight where someone is being difficult and the issue genuinely matters but pursuing this type of case is anal to say the least. I’ve been a rambler for many years and I can honestly say that Campaigner Kate gives us a very bad name amongst ordinary decent people.

  3. We’ll have to agree to differ Ronnie G. The highway is public land, we are entitled to enjoy the full width and to pass each other comfortably along the way.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s