Decision details

Serving of a Notice under S143 Highways Act 1980 to require the removal of the gate and signs which have been erected on land which is subject to public rights of access

Land to the north west of North Mill Lane, Bledlow

It has been brought to the Council’s attention that public use of the route to the north-west of North Mill Lane Bledlow (the Route) has been obstructed by the erection of a gate and discouraged by the use of signs indicating that there is no public right to use the Route. The Council has investigated the situation and there is a long complex history regarding the Route, however there is significant evidence that rights exist which enable the public to use the Route and I am satisfied that the Route should not be obstructed. Investigation as to the exact nature of those rights is continuing and may be subject to a further decision at a later date. No permission has been given for the placement of the gate or signs by the Highway Authority. Correspondence with those who have erected the gate and the signs has failed to secure the removal.

That we do not serve the notice and leave the gate and the signs in place. This is not considered appropriate as it would set a precedent for obstructing routes which the public have a right to use. The Highway Authority has a duty to protect and assert highway rights.