Fence removed after developer blocks path

A council has taken direct action against a developer, with officers removing hoardings and fences to clear a blocked footpath.

Byway AE350 goes from Waterbrook Avenue to Cheeseman’s Green Lane in Sevington and runs through the new 400-home Waterbrook Park project.

Kent County Council received reports claiming hoardings and fences surrounding the 147-acre site obstructed the footpath. The council served developer GSE Waterbrook Ltd with a notice to allow public access on the route.

The warning on February 5 was ignored, prompting a visit from the authority’s Public Rights of Way (PROW) team.

Enough fencing and hoarding was removed to re-instate 150 metres of path that had previously been blocked by the con- tractors.

An application to divert the route around the site had been lodged by GSE Waterbrook Ltd two days prior to the March 8 removal. However, more information was needed from the applicant, the council says.

Furthermore, the permanent diversion is not guaranteed.

Andrew Hutchinson, the East Kent Area Manager for KCC’s PROW, said: “Developers need to take into account all Public Rights of Way which cross their sites. These are highlighted to them as part of the planning process and we are very happy to provide advice as to how they can best manage them, including lawfully diverting them.

“Where permanent diversions are required there is a legal process to be followed and we encourage early consultation with us to avoid situations like this occurring.

“The Public Right of Way need not prevent a development proceeding on time, but the developer has to engage with us.

“GSE have been aware of the byway for a number of years and we have discussed the need for a diversion, which the county council would support.

“They have had every opportunity to get this in place, but have shown a blatant disregard for the byway and have prevented the public from using it.

“I hope our action sends a clear message that the county council will not tolerate the illegal obstruction of public paths and will take the necessary action to protect them and ensure access is maintained.”

The fence, left, was blocking the AE350 footpath, so it was removed; right, a section of hoarding removed to allow public access again

Hoarding was erected directly across the public byway