Rank: Guest 
|
Posted By Ian Mitchell
Hi. Not sure if I am overcomplicating this issue or not, but advice welcomed.
We are undertaking works that involve closure of a footpath. We have put up signs indicating the closure of the footpath, and there are alternatives available locally. The client wants us to physically indicate a diversion route in the same manner as if you were closing a road.
The site agent is worried that by specifying a particular route (i.e. cross the road here, go down that alley etc) we will open ourselves up to risks and claims that would normally be those of the pedestrian themselves. I.e. if they trip on a flagstone or get hit by a car they could say 'you told us to go this way'!
Are we satisfying our legal duties by just indicating the closure and making the area safe from intrusion etc, or do we have to specify an alternative and therefore assume the risk that would normally lie with the local authority/ pedestrians etc??
Thanks,
Ian
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Hunter
Have you the permission of the Local Authority to close the footpath?
Depending on a number of factors, it is more often than not (in 30mph built up areas) perfectly feasible to create a temporary route immediately adjacent to the works using barriers, ramps etc. along with a reduction in width of the raod carraigeway.
What provisions do your current arrangements make for those in wheelchairs, the blind, etc.?
|
|
|
|
|
|
Rank: Guest
|
Posted By Ian Mitchell
Hi. I forgot to provide a crucial bit of information. Apologies. The footpath and land on which we are working is private and owned by a holding company. It is not local authority owned.
Thanks
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Hunter
In whcih case I'm with you, Ian. No need to do as Client suggests, and ill-advised.
|
|
|
|
|
|
Rank: Guest
|
Posted By Mitch
Spot on Ian (and Ron) private land no requirement, if the footpath is maintained (not owned!) by the local authority i.e confirmed public right of way , they will advise the alternative route, and supply signage at a very reasonable rate. You have no duty to provide an alternative route on private land and would be inviting trouble to do so.
|
|
|
|
|
|
Rank: Guest
|
Posted By RP
Be carefull here and check that the 'way' has not become custom and practice to allow passage of the public.
Is this a footpath or footway?
Has it been paved to allow safe passage by the landowner?
Is it maintainable at public expense?
If there is no right of way then there is nowt to do other than post a notice suggesting trespassers with be .......
|
|
|
|
|
|
Rank: Guest
|
Posted By Barry Cooper
I have to agree with RP, make sure the path is not a definitive footpath.
Our site (private land) had a footpath on it, and we could not close it temporarily unless we provided a safe diversion.
Eventually we diverted it, to make the site secure, luckily because the diversion was only a minor detour we did not have to apply for permission, but we did have to get the new diverted footpath inspected by the local authority before it could be used.
Contact your footpath inspector at your local authority, they are really helpful
Barry
|
|
|
|
|
|
Rank: Guest
|
Posted By Mitch
RP unfortunately 'custom and practise' doesn't come into it that is why we are preparing for our second public enquiry! (don't you just love banner wavers!!) If it has not been confirmed and included on the definitive may they are well within their rights to close it. Any member of the public can then apply to have it confirmed and this will be considered by the Secretary of State, or an appointed Inspector through the Planning Inspectorate previously through Public Enquiry but since the changes last year through written representation is preferable to simplify the process, depending on the level of representation received.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.