Society takes Highways Act s56 Case to Magistrates Court in Kirklees
Peak and Northern made a complaint to Kirklees magistrates Court on 8th December 2023 regarding Ramsden Road (Holmfirth Byway 175/10 & 180/10). The byway has been out of repair for many years due to a lack of maintenance from Kirklees Council, the Highway Authority.
This long running issue has been considered by the Courts and Inquires Committee who granted authority for the s56 notice and subsequently Management Team who authorised the case going forward to the magistrate’s court.
The Society served an s56 notice on Kirklees in May 2023 claiming that Ramsden Road is publicly maintainable and out of repair. The counter notice received from Kirklees in June 2023 accepted that Ramsden Road is publicly maintainable. This notice gave the Society a six months’ time frame to go to court. Despite our best efforts there has been no movement from Kirklees Council on repairs and our complaint was lodged just before the six months expired.
Courts and Inquiries Officer for Kirklees, Andy Leader said “Ramsden Road is within the Peak District National Park and carries both the Kirklees Way and Holme Valley Circular Walk. It used to be a lovely place to visit and walk, cycle or ride. Sadly, a long term lack of maintenance from the Highway Authority and inappropriate use by motor vehicles has caused extensive damage. Despite the Highway Authority accepting that Ramsden Road is both out of repair and hazardous they have failed to take action over a five year period and there seems little prospect of repairs in the near future.”
The case is booked for trial on 2nd August 2024.
Chair of Peak & Northern, Kathy McLean said ‘’Public Rights of Way such as Ramsden Road are vital routes to enable walkers, cyclists and riders to take advantage of networks of paths for pleasure, health and work. Peak and Northern Footpath Society is committed to protecting and improving paths and when necessary, will use the law to protect the rights of the public’’.