Kath Pinnock

Liberal Democrat Councillor for Cleckheaton Ward and member of the House of Lords. Learn more

Old Robin Barred

by Kath Pinnock on 28 March, 2016

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Old Robin is a cul-de-sac off Westgate by the old railway bridge and next to the paper shop. There is a well-used path from the end of Old Robin to Mortimer Street where the side entrance to Central Methodist Chapel is. This path has been used for many years on a daily basis.

In the last week or so the path has been blocked by a 2 metre high steel fence. Lots of local people have contacted us about this and there is also a series of posts on facebook concerned that this path is blocked.

I have checked with Kirklees Highways and the path is not a Public Right of Way. However, as it has been used on a daily basis for well over 20 years we can challenge the right of whoever has erected the fence.

The legal advice I have is: Public rights may be dedicated and established by a route being (made) available to the public and used by the public thereafter. Statutory provision under s31 HA 1980 considers a period of 20 years use, but common law dedication may take place in a much shorter timeframe.

EVIDENCE Please fill in this form if you can show you have used this path for more than 20 years PROW application form

You can leave the form either at the Library or the Town Hall and they will put it in the Kirklees Council internal post to me and I will collate them all and start the challenge process.
You may be able to fill the form in on-line and if so just email me the form at kath.pinnock@kirklees.gov.uk

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