Recent statements in this category are shown below:
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Kirklees Metropolitan Borough Council (23 014 882)
Statement Closed after initial enquiries Rights of way 29-Jan-2024
Summary: We will not investigate this complaint about a right of way that passes through Mr X’s garden. It is reasonable for him to apply for a public path diversion order and use his right of appeal to the Planning Inspectorate if necessary.
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City of Wolverhampton Council (23 004 866)
Statement Upheld Rights of way 29-Jan-2024
Summary: Mr F complains about the way the Council has managed a public right of way behind his home. There was fault by the Council which has caused Mr F time and trouble and meant he was unable to use the path for at least two years. The Council has agreed to make a symbolic payment to Mr F and take action to clarify the legal status of the path.
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Calderdale Metropolitan Borough Council (23 014 250)
Statement Closed after initial enquiries Rights of way 29-Jan-2024
Summary: We will not investigate this complaint about the Council’s refusal to carry out works to a public bridleway. This is because there is insufficient evidence of fault in the Council’s actions. In addition, if Mr X considers bridleway users are damaging his property, these are private matters best considered by a court.
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Statement Closed after initial enquiries Rights of way 25-Jan-2024
Summary: We will not investigate Mr X’s complaint the Council is failing to enforce access to a public right of way. He says the alleged fault is resulting in vehicles causing damage to his fence. We do not consider the alleged fault can be said to have directly caused the injustice Mr X refers to. Further, it would be reasonable for Mr X to take this matter to court should the Council not enforce the access to the public right of way.
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Nottinghamshire County Council (23 013 523)
Statement Closed after initial enquiries Rights of way 17-Jan-2024
Summary: We will not investigate this complaint the Council failed to maintain a permissive path. There is not enough evidence of fault to justify our involvement.
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Wiltshire Council (23 010 255)
Statement Closed after initial enquiries Rights of way 26-Oct-2023
Summary: We will not investigate this complaint about the Council constructing highway infrastructure which Mr X claims is obstructing his private access. It is reasonable for Mr X to seek a remedy in the courts to resolve the private legal dispute.
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Essex County Council (23 009 959)
Statement Closed after initial enquiries Rights of way 25-Oct-2023
Summary: We will not investigate Mr X’s complaint about the Council not removing vegetation he reported which is overhanging a public right of way. There is insufficient significant personal injustice to Mr X and his wife caused by the matter to justify us investigating.
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Plymouth City Council (23 007 467)
Statement Closed after initial enquiries Rights of way 22-Oct-2023
Summary: We will not investigate this complaint about the Council completing works on overgrown vegetation at Mrs X’s property following an enforcement notice. This is because it would have been reasonable to expect Mrs X to appeal to court about the notice and there is not enough evidence of fault to justify investigating.
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Kent County Council (23 008 647)
Statement Closed after initial enquiries Rights of way 05-Oct-2023
Summary: We will not investigate this complaint about a verge because there is not enough evidence of fault to justify investigating.
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Herefordshire Council (23 002 732)
Statement Upheld Rights of way 03-Oct-2023
Summary: Mr X complains the Council has not taken action to enforce a highway from being overgrown and unusable. The Council is at fault because it delayed taking action over the obstructed highway and did not deal with Mr X’s complaint properly. Mr X was unable to use the highway and remained unclear what action the Council were taking to deal with his complaint. The Council should remedy the highway obstructions and make service improvements.