Council loses legal battle after three public footpaths in Northamptonshire village blocked by gates and fences

Parts of three public footpaths around Wellbrook Lodge in Starverton, near Daventry, were illegally obstructed by gates and fences at the lodge.

The Open Spaces Society - a national conservation body, which campaigns to protect open spaces, public paths and more - was alerted to the issue by its member Starverton Parish Council.

The society claims that instead of securing the removal of the gates and fences, West Northamptonshire Council (WNC) made a temporary traffic regulation order (TTRO) to move the footpaths to an alternative route.

A spokeswoman for the society said: “The Open Spaces Society argued that the TTRO was unlawful, since the grounds for making a TTRO were not met.

“West Northamptonshire Council said the TTRO was made for ‘public health and safety’ but failed to identify any genuine cause of danger justifying closure.

“The real reason for making the TTRO was to regularise the unlawful obstructions and unofficial diversion.”

Legal proceedings were started and the society claims there was initial resistance from the council. However, WNC did concede that it had acted unlawfully in making the TTRO rather than dealing with the obstructions.

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 TTROs, and must instead uphold the public’s rights to use and enjoy the paths.”

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

According to The Open Spaces Society, WNC has to take steps to remove the obstructions within three months of the order and pay the society’s legal costs.