More Crap On Colne Valley Footpath 144

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The latest Kirklees Council approved crap dumped on Colne Valley Footpath 144.

The long running saga of Colne Valley Footpath 144 is rapidly approaching a first birthday! The council has managed to turn a relatively straightforward case of fly tipping on the path into an impressive comedy of errors. PathWatch may even write a book about it as we’ve written so much rubbish about the ..er…rubbish. See here here here here here  and here

The thing to remember is that legally the council is not a neutral player on many matters concerning public rights of way. It has a statutory duty to “assert and protect” the rights of the public to use rights of way and a duty to “prevent their stopping up”. The Council, it’s officers and councillors are duty bound to act in the public interest and with integrity at all times.

Seen through the prism of legal and procedural responsibilities it is difficult to fathom how a situation like that on Colne Valley Footpath 144 can be allowed to develop and continue. The council would appear to be doing the opposite of what it is legally obliged to do. It continues to permit dumping on the path along with its continued closure.

Any reader of this blog will know this is not an isolated case but pretty much par for the course for a rights of way problem in Kirklees.

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Tipping in a new spot. Nice one.

 

 

Colne Valley 144 – The Ever Changing Story.

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Colne Valley Footpath 144. “Landowner has used hardcore to improve footings & drainage of Prow” See above for a dose of reality.

In the latest chapter of this sorry saga Kirklees Council have attempted to wash their hands of the dumping here by claiming that the “landowner” has “used hardcore to improve the footings and drainage of the Prow” (Footpath 144) . When your sides have stopped aching at that one the council go on to say that the “landowner has permission from the Environment Agency” to do this. The only evidence provided for these claims is this link which tells you absolutely nothing about this site,who is responsible for the works and under what authority they are operating. Path Watch has of course contacted the Environment Agency to check this out.

The Council’s latest position omits to mention or explain why it has allowed the complete obstruction of Colne Valley Footpath 144 for some 5 months now. The duty the council has under s130 of the Highways Act 1980 to assert & protect the rights of the public to use public paths and to prevent their stopping up has been ignored yet again.

Whatever permission the landowner has from the Environment Agency it will not extend to obstructing and destroying the public footpath here.

It’s interesting to note how the council’s story is evolving. Firstly they ignored  reports of the dumping for 3 months. Then they said the dumping had been removed. Then they said they’d given permission for it to be buried. Now they are saying the Environment Agency have given permission for burying waste on Footpath 144.

As for the claims that the path has been improved- the first photo below shows how it looked in June and the following photos record what has happened since.

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June 2018
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September 2018
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September 2018
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November 2018
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November 2018