To add weight to this application the Town Council would like to hear form anyone that may have used the Footpath as the Council needs to collect evidence from people that can confirm that they have used this passageway to gain access to or from the foreshore and Greenhithe High Street in the last 20 years.
What to do if you can help: Please do not send your submissions to us kindly send your statements, including any drawings and photographs directly to the Town Clerk at the Council Offices by post or email.
The Town Councils Contact details are as follows:Graham Blew AILCM
Town Clerk
Council Offices
The Grove
Swanscombe
Kent
DA10 0GA
Tel: 01322 385513
Fax: 01322 385849
graham.blew@swanscombeandgreenhithetowncouncil.gov.uk
Following this post we have received a number of emails and comments from concerned Greenhithe residents and GMRA members regarding the potential loss of the public footpath by the SJF pub.
ReplyDeleteEssentially it should be noted that:
The permanence of a PRoW (Public Right of Way) is guided by the principle "once a highway, always a highway"…
Therefore as a matter of law, it is not possible for anyone to claim a title by adverse possession to land over which a public right of way exists. This is because any act of possession relied upon would be an obstruction of the highway and an offence under section 137(1) of the Highways Act 1980
In addition local residents have advised us that the publicans appear to be making their daytime bar staff park their cars on the footpath during the week which is clearly in violation of the Highways Act.
One resident has pointed out that if, God forbid, there was ever a fire at the pub the staff cars parked on the footpath would in fact cause a serious and potential hazardous obstruction as they would block egress from the properties rear fire escape and side entrance, the consequences of which could be fatally catastrophic.
We are also disappointed to learn of the loss of the upstairs restaurant above the pub with views over the river, apparently it has been converted to provide a nine (9) room B&B, what a shame.
Watch this space! We hope to have an update on the status of the Public Right of Way (PRoW)before Christmas...
DeleteDear GMRA Members and Readers: We have recieved the following email from KCC which provides an update on the status of the Swanscombe & Greenhithe Town Council application for the PROW
DeleteDear Mr Conder,
Thank you for your e-mail of 4 December 2012.
I have checked the Schedule of Applications and there are still 3 cases to be allocated to an officer before we are able to start the investigation into this case. Unfortunately, our backlog has increased due to the fact that we are one officer down and also we have been in the process of producing a new Definitive Map and Statement, which has involved much of the officers time. However, this project is nearing completion and therefore in the New Year I will be allocating some new cases. I would anticipate therefore that this application will be allocated to an officer within the first few months of the new year.
I apologise for delay, but can assure you that we work through cases just as quickly as we can. Please note that you can keep a check on progress by viewing the Register of Applications which is available to be viewed on our website at the following address - http://www.kent.gov.uk/environment_and_planning/countryside_access/definitive_map_and_statement/statutory_registers.aspx
Kind regards
Laura Wilkins
Senior Public Rights of Way Officer
Countryside Access Service
Deterring public use
DeleteLandowners and occupiers are prohibited from deterring public use of access land by putting signs up or obstacles in the way which are likely to deter the public from exercising their right over access land and may be fined if they do so.
Public Rights Of Way - Footpaths Public Rights of Way A PROW is a highway in law and as such should be kept open and available for use by the public at all times. The public have right of way on foot only.
ReplyDeleteObstructions
DeleteObstructing a PROW is a criminal offence. Local councils can tell you to remove an obstruction. If you don’t do it, they can remove the obstruction and charge you for the work.