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Hedge still obstructing footway (J-TDPC-594)

Reported via desktop in the Obstruction on pavement/verge category anonymously at 14:30, Mon 29 November 2021

Sent to Lincolnshire County Council less than a minute later. Council ref: 410553.

(Original report 407511, 17-Aug-2021, the ststus should not have been closed, it is still unresolved, where is the follow-up inspection?)

This overgrown hedge of No.27 was finally lightly trimmed a few days before the new photo of 21/11/2021. But this superficial pruning has failed to remove much of this year's growth. The photo shows almost half the footway width is still obstructed to pedestrians and wheelchair users. The Highways Act 1980 clearly directs that the full width of the footway must be cleared up to the property boundary by the owner/occupier.

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Updates

  • Thank you for your report. We will investigate and make an update to this report within 14 days.

    Posted by Lincolnshire County Council at 14:31, Mon 29 November 2021

  • Thank you for your report. We will investigate and make an update to this report within 14 days.

    Posted by Lincolnshire County Council at 15:33, Mon 29 November 2021

  • We need to investigate this report. We will contact you again when an update is available.

    State changed to: Investigating

    Posted by Lincolnshire County Council at 15:57, Mon 29 November 2021

  • We have carried out an initial assessment, but a more detailed investigation is required. We will provide a further update when this has been completed.

    Posted by Lincolnshire County Council at 10:07, Tue 30 November 2021

  • Currently our resources are such that we have to restrict our efforts to dealing with encroachments that are considered a significant danger or nuisance to users of the highway. In this instance we do not intend to take any immediate action, however we will continue to monitor the site as part of our routine inspections of the highway and will review the situation as necessary. We will review in Spring/Summer for any further action. Thank you for reporting this matter.

    State changed to: No further action

    Posted by Lincolnshire County Council at 12:40, Wed 1 December 2021

  • Highways Act 1980 legislation enforcement requires the open free access of the full width to all public footways. Whilst I do appreciate resource constraints, for this case they are of minimal consideration as the enforcement process was initiated and active to my report of Aug-2021. The property owner/occupier has ignored your enforcement notice. There is a minimal postage cost in resending the enforcement letter to the property owner/occupier. Do you intend to ignore your statutory obligation to enforce the Highway Act 1980 and leave this public footway obstructed, please explain?

    Do you also intend to ignore your statutory obligations of the Disability Discrimination Act 1995 and the Equality Act 2010. By restricting highway access you are discriminating against the disabled. Your enforcement of the Highway Act 1980 for this footway hedge obstruction would constitute a reasonable action for disabled access (wheelchairs, visually impaired, etc.), please explain?

    State changed to: Open

    Posted anonymously at 09:20, Thu 2 December 2021

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