I seek your legal justification for erecting the chicane.
Section 66(3) of the Highways Act 1980 enables the County Council to install “…such barriers, posts, rails or fences as [the highway authority] think necessary for the purpose of safeguarding persons using the highway.” Section 66(3) precludes the County Council from installing a gated chicane on a public footpath.
Devon County Council does not intend to remove the chicane. However, the Council has offered to adjust the arrangement to widen the gap. No complaints have been received about the current arrangement.
Also, I ask for:
Confirmation on whether legal advice was obtained prior to erection of the chicane;
The Council does not have a record of legal advice being obtained prior to erection of the chicane.
Details of any disability assessment carried out prior to its erection.
The Council does not have a record of a disability assessment being carried out prior to the erection of the chicane therefore, this information is not held.
Details of all correspondence, telephone calls, minutes of meetings and any other record with the former County Councillors, the road safety officer at the time and the obstructer concerning removal of the original obstruction and/or erection of the present chicane.
The Council does not have any records of telephone calls therefore, this information is not held.
Minutes of the Public Rights of Way Committee are already publicly available on the County Council’s website. The Council has no further record of minutes of meetings relating to the erection of the chicane.
All email correspondence can be viewed on line. You can view these documents from here