Footway obstructed by fence
Reported in the Pavements category anonymously at 15:53, Friday 29 March 2019
Sent to Oxfordshire County Council 2 minutes later
Footway still obstructed by fence o/s 208 burwell meadow.
Council ref: ENQ19830391
Thank you for your enquiry. This issue has been passed onto the relevant team for investigation.
State changed to: Investigating
Posted by Oxfordshire County Council at 15:55, Friday 29 March 2019
Thank you for your report. We have assessed it and found there is no fence obstructing the the footway.
State changed to: Investigation complete
Posted by Oxfordshire County Council at 11:20, Tuesday 2 April 2019
Well, OK, there is a fence obstructing the highway.
This section of highway is adopted & clearly defined by the highway markers bordering the gardens of numbers 206 & 208. The wilful obstruction is an offence under The Highways Act 1980, (which OCC, as the relevant Highway Authority, has a duty to enforce), specifically;
"138) Penalty for erecting building, etc., in highway
If a person, without lawful authority or excuse, erects a building or fence, or plants a hedge, in a highway which consists of or comprises a carriageway he is guilty of an offence and liable to a fine not exceeding £50.
143) Power to remove structures from highways
(1)Where a structure has been erected or set up on a highway otherwise than under a provision of this Act or some other enactment, a competent authority may by notice require the person having control or possession of the structure to remove it within such time as may be specified in the notice. For the purposes of this section the following are competent authorities— (a)in the case of a highway which is for the time being maintained by a district council by virtue of section 42 or 50 above, that council and also the highway authority, and (b)in the case of any other highway, the highway authority. (2)If a structure in respect of which a notice is served under this section is not removed within the time specified in the notice, the competent authority serving the notice may, subject to subsection (3) below, remove the structure and recover the expenses reasonably incurred by them in so doing from the person having control or possession of the structure. (3)The authority shall not exercise their power under subsection (2) above until the expiration of one month from the date of service of the notice. (4)In this section " structure " includes any machine, pump, post or other object of such a nature as to be capable of causing obstruction, and a structure may be treated for the purposes of this section as having been erected or set up notwithstanding that it is on wheels."
Kindly reconsider your decision to ignore this matter & exercise your statutory powers in the interests of both highway users & taxpayers.
State changed to: Open
Posted anonymously at 18:09, Tuesday 2 April 2019
Still open, via questionnaire, 13:03, Saturday 27 April 2019
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