Council concedes it acted unlawfully in temporarily diverting public footpaths

The Open Spaces Society has claimed “an important legal victory” against West Northamptonshire Council, which it said had unlawfully failed to protect parts of three public footpaths.

Footpaths at Staverton had been obstructed by gates and fences at Wellbrook Lodge, the society’s said.

It claimed that instead of carrying out its statutory duty to secure their removal, the council made a temporary traffic regulation order to move the footpaths to an alternative route. 

Alerted by Staverton Parish Council, the society argued that the order was unlawful, since the grounds for making it were not met. 

West Northamptonshire told the society the order was made for public health and safety, but the failed to identify any genuine cause of danger justifying closure. 

The society said in a statement: “The real reason for making the order was to regularise the unlawful obstructions and unofficial diversion.”

It began legal proceedings, but said the council conceded it had acted unlawfully and in a consent order of the High Court agreed it has a duty to secure the removal of the obstructions and will take steps to do so within three months’ and pay the society’s costs.

Helen Clayton, the Society’s rights-of-way case officer, said: “This is an excellent outcome. Too often local authorities try to evade their legal duties on rights of way by moving the path rather than the problem. 

“This case gives a clear message to all local authorities that they must not abuse their powers to make temporary traffic regulation orders, and must instead uphold the public’s rights to use and enjoy the paths.”

A WNC spokesman said: "Following completion of a consent order between all parties, West Northamptonshire Council is working to remove the obstructions."

Mark Smulian