Council responds to obstruction at Nether Moor Farm
Kirklees Council have taken action to remove an obstruction from a track at Nether Moor Farm. The track which is a designated right of way has been obstructed, preventing access for legitimate road users, including walkers and horse riders. As the local Highways Authority, we are obliged to keep the track open. We have received a number of complaints about the obstruction and was subsequently served with a legal notice by a local group.
In response we then served notice on the owners of Nether Moor Farm to remove an obstruction from the public right of way. When the owners failed to comply, we were then obliged to try and clear the obstructions ourselves, we attended the site to carry this out on 20 October 2015.
On attending we were prevented from removing the obstruction when the farm owners and a group of local people positioned themselves across the land and refused to move.
We are now left in a difficult position – if we fail to get the obstruction removed then we could be taken to court, for non-compliance with the statutory duty to keep the track clear. But it appears that further attempts to clear the track are unlikely to be successful and would lead to additional costs at a time when budgets are already under strain.