When is a gate not a gate? 4

GateGate (1 of 1)
Negotiating the gate.

Who’d have thought this would have run to 4 blog posts? I’m beginning to think this could go to a second series.

Yorkshire Water have previously confirmed that the land belongs to them and that as long ago as 4th July 2017 they asked their tenant to remove the boulders.  That’s a full 8 weeks ago. I wonder why it is taking so long?

It’s interesting to compare this lack of activity on Yorkshire Water’s behalf with the situation at Bartin & Greaves Planning Applications which are a just a few hundred metres away . Having met a lot of well argued objections to these proposals Yorkshire Water (Keyland developments) have submitted some 6 reports/letters, compiled by consultants Wardell Armstrong to peak park planners in an attempt to justify the planning applications see here. One can only imagine the resources involved to produce these reports in such a small space of time. The planning consultations ended on 16th June and the reports arguing against the consultees are dated July. So it’s likely that a polite request to remove a simple obstruction from a public path on Yorkshire Water land has already taken up more time but produced no results. Why not put a kissing gate here ? Stock proof and pedestrian friendly. Kissing Gate Spec

Yorkshire Water has 2 tenants in this area and they are clearly capable people who run businesses and can meet deadlines. This is demonstrated by the fact that between them they claim over one hundred thousand pounds in public money via the CAP payments scheme. A condition of receiving such payments is that all rights of way on the land associated with the claim are open for public use. See here Cross Compliance

 

 

 

When is a gate not a gate 3

Roadsideview (1 of 1)
The obstructed gate is top rightish in this photo where the wood is.
Following on from yesterday’s episode we contacted Yorkshire Water again to highlight the lack of progress.
I have walked this path again today and no attempt has been made to clear the boulders.
Could you please clarify if Yorkshire Water itself are responsible for the land and obstruction or whether it is entirely the Tennant’s responsibility?
I have also reported the issue to Kirklees Council but have heard nothing.
As such I believe I can myself serve a notice on the Council for removal of the obstructions and they are obliged to serve notice on the persons responsible hence my query above.
The issue would ultimately be resolved at Huddersfield Magistrate Court should the obstructions remain.
Regards
The following response was received this morning. As is the way with official bodies it doesn’t answer what was asked but seems slightly panicky and defensive.

Thank you for notifying this.

I have made numerous attempts to the tenant and still nothing has been
done.

Myself and another colleague are looking into this. As we will need to take
action on this matter.

So Yorkshire Water are “looking into this” and “will need to take action”. That’s a little disappointing considering the length of time this difficult obstruction has now been in place and the degree of inconvenience which is being caused to the public.
We contacted Yorkshire Water directly as the Highway Authority, Kirklees Council, seems to have disregarded its own legal obligations with regard to public rights of way  and enforcement. The hope was that Yorkshire Water would be able to sort out this relatively straightforward issue in a timely manner by speaking directly to its Tenant.
However Kirklees Council, who are responsible for the footpath and for keeping it open and available for public use were informed on 17th July 2017 of the obstruction. They very helpfully and gave us our own unique reference number.
Your unique reference number is: 3578243
Your request will be dealt with as soon as possible. Kind regards,
Kirklees Council
Since we’ve heard nothing further we contacted Kirklees Council again today and they very helpfully gave us another unique reference number!
Your unique reference number is: 3590269
Your request will be dealt with as soon as possible. Kind regards,
Kirklees Council
The point of all this is to demonstrate how under valued and increasingly forgotten our public rights of way network  is becoming. No one wants to know. There is no self remedy here. The boulders need a machine to move them and most walkers don’t carry that kind of kit!
Kirklees Council is super keen at the moment on people volunteering in its parks,open spaces and public rights of way Natural Kirklees. It seems to be a one way street with the council  happily taking  free labour and publicity but refusing to carry out the work which volunteers cannot do such as removal of illegal obstructions. You can of course have as many unique reference numbers as you wish!
Bartin (1 of 1)