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We are delighted that its threat of legal action has caused Herefordshire Council to reopen obstructed and overgrown paths in Abbey Dore parish, in south Herefordshire.
Before and after: footpath 13. Photo: Open Spaces Society
Our local correspondent, Dave Howerski, has reported issues to the council, as highway authority, over the past year. This produced no resolution, so he served eight legal notices on the council, four of them under section 56 of the Highways Act 1980 stating that the highways were out of repair.
Faced with possible court action, the council admitted liability and has reopened the paths. If it had not done so, Dave could have applied to the magistrates’ court for an order for the council to repair and reopen the paths.
Says Dave: ‘While there is still more work to chase up, the use of legal notices under the Highways Act has galvanized Herefordshire Council into remedial action, which would not otherwise have been done.
‘I am delighted to see the public-path network in Abbey Dore being opened up with improved access and signage. This is a beautiful area, much enjoyed by residents and visitors; the council shoots itself in the foot when it allows paths to be blocked because that deters visitors from coming and enjoying the county.’
Before and after: footpath 16. Photo: Open Spaces Society
Adds Helen Clayton, our rights-of-way case officer: ‘The society is prepared to use legal action as a last resort and will go to court if necessary in defence of the public’s rights to use the path network, and to ensure that highway authorities carry out their legal duties.
‘We are delighted at this result and congratulate Dave for his persistence.’