A few weeks ago this post described an odd situation on Colne Valley Footpath 144. Fly tipping obstructing the path was being buried beneath the path rather than simply being taken away and the matter investigated. Kirklees Council, the local authority with statutory duties to keep both public rights of way open and to enforce environmental protection legislation aimed at just this sort of activity, were fully aware of what was happening. They have subsequently confirmed that permission has been given for the fly tipped waste to be buried beneath this public footpath.
Current legislation places a duty of care on anyone producing waste to follow certain procedures outlined in the Waste Duty Of Care Code Of Practice . Dumping builders waste on a public footpath prior to burying it there would not seem to be a legitimate option. Furthermore Kirklees Council has a duty to remove such tipping from public highways and investigate who is responsible rather than allow the activity to go unchallenged as in this case.
The actions of the council in this case would seem to contradict its own recent publicity
Why would any local authority with clear statutory obligations for public highways and environmental protection act against the public interest in this way?