Action to combat anti-social behaviour upheld

On behalf of Attwaters Jameson Hill posted in Uncategorised on Thursday, August 14th, 2014

Residents on a private estate in Hertfordshire had their actions to combat antisocial behaviour in their neighbourhood upheld, aided by our specialist town and country planning lawyers.

Residents on a private estate in Hertfordshire had their actions to combat antisocial behaviour in their neighbourhood upheld, aided by our specialist town and country planning lawyers.

After problems with bad behaviour by outsiders at Broadmeads in Ware, residents sought planning permission to erect fencing with electronic entry gates from the road fronting the estate and the river towpath behind. Permission was granted and the approved security barriers were installed.

Some Ware residents took exception to this, maintaining that they had been walking through Broadmeads unchallenged for over 20 years and thus a right of way existed. In their support, a local councillor applied to Hertfordshire County Council (HCC) to register a footpath through the estate.

The estate residents objected to registration and instructed expert town and country planning solicitor Salvatore Amico of our firm to assist. This meant prolonged evidence gathering and many visits to residents for statements.

The specialist lawyer asserted that the owners of Broadmeads had no intention of dedicating the path as a right of way, as evidenced by the signs erected. This had been reinforced by the residents periodically challenging individuals attempting to walk through the estate, and annually closing off the entrances.

Broadmeads estate management worked with residents and Salvatore Amico in compiling evidence based on wholly relevant planning and highways issues for submission to the HCC Rights of Way team. The team investigated and reached a decision, accepting the residents’ case and declining to register the footpath.

“It is never sufficient in such cases to establish simply that property is private, as many public footpaths cross private property,

Salvatore Amico explains. “I spent many hours gathering statements and other evidence necessary to establish on planning and highways principles that no public right of way should be deemed to exist.”

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