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Disappearing Rights of Way

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Disappearing Rights of Way

Post by assassin on Thu Mar 02, 2017 6:49 pm

Some time ago I met the disappearing rights of way and found out what it was, how it operates, and what people can do about it, and its easier than people think.

How does it work? it works with developers usually, and they apply for planning permission to build something such as a shopping centre or simialr and apply for planning permission, before this is granted there will be a list of conditions and requirements the developers have to meet and a large number of these conditions relate to a right of way and usually the conditions are that there is a right of way, and that the owner of the property must maintain that right of way.

What is a right of way? a right of way is any road, pavement, or path which is open to the public and must be open to the public 24 hours a day to "travel" and not just access and is defined by legal precedent from 2012 in which the High Court heard a case bought by 4X4 enthusiasts against the North Yorkshire National Park Authority who were trying to restrict who could use the rights of way which were actually ancient rights of way, and the High Court ruled that they were defined as Public Rights Of Way with Vehicular Access. They further ruled that as a right of way it must be open as a route that people could travel and this meant that the authority COULD NOT block one end of it off and only allow access as a right to travel meant travelling the whole length of the route "free of impediment" which meant you could access it at one end and travel the full route and exit it at another end.

Large corporations have agreed to the rights of way in their planning conditions and must have them open and allow people to travel through them, but they aren't as they leave them open and maintain them from anything to a few months to a couple of years and then close them, they only open them during specific hours such as a shopping centres opening hours and straight away by not keeping them open and ready to travel 24/7 they are in breach of their planning consent and planning conditions. They do this simply, usually it starts with the media and they complain about anything from vandalism to anti social behavior and this goes to the local media as a story designed to garner public sympathy and support for action, they then appoint a contractor or contractors and put it out to tender, a new methid of securing the centre off is approved and said contractor comes and installs it, suddenly a right of way is blocked and without planning permission in many instances. In some instances they generate this fervour to obtain planning permission and do actually apply for it but in most cases they don't bother as they have gotton away with it for so long.

How do you check? very easily as planning permissions are nearly all on line and you check the local authorities planning consents and look at the conditions and stipulations associated with that consent and see if the developer/owner has agreed to maintaining a public right of way; then you check for any amendments or other planning permissions which have been applied for and see if the local authority has received and approved any amendments to restrict the hours of the right of way, or they have granted permission for the building owner to close the building off and close the right of way.

Taking action is easy, you print off the original planning permission along with its planning number and its original conditions and stipulations, you check for additional permissions, and if they have closed a right of way unlawfully you report them to both the local planning authority and the police, but why? any right of way is defined as a highway and obstruction of the highway is a criminal offence and a breach of planning permission is both a criminal and civil offence.
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