Any enforcement action is undertaken by the local Council with regards to any public right of way.
The local Council can take action over blocked or disputed public rights of way. Anyone affected in this way, whether a landowner or a member of the public, should consult the public rights of way officer.
With regards to a public right of way situated within a development site, there will be conditions on the developer within the planning consent with regards to any public rights of way. The Council through the official planning application sets these conditions. The only cases in which the Local Authority can take action are those in which the blocking of the public right of way results from a breach of the planning permission, either:
- the permission has not been carried out in accordance with the approved plans
- a condition of the planning permission has not been complied with
In such cases the Local Planning Authority's enforcement action will be against the breach of planning control and not against the blocking of the public right of way. But the effect of the action may result in the removal of the blockage.
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