The provisions allow an individual to take the Highways Authority
to Court if the Authority does nothing to ensure the prompt removal of the
obstruction. Here is how:
DEFRA Guidance on using s130A of the Highways Act to secure removal of obstructions from highways
[see also the Secretary of State Regulations - Manner and places of display of notices under section 130B(6) of
the 1980 Act]
The procedure is quite straight forward, but be prepared to be blatantly lied
to by the Authority's most senior solicitors and their rights of way department.
In Cumbria, the County Council's Legal Services Unit
[Headed up by Mr Brian Walker with Assistant Head Mr Richard Claydon] will
blatantly disregard DEFRA Guidance, lie about their statutory responsibilities
and abuse the Freedom of Information Act to conceal evidence of what they have
failed to do. These 'professional' people who have apparently given "many years of
dedicated, loyal service" have total and utter contempt for the people
they are paid to serve, and the laws they are employed to enforce.
Removal of obstructions from Public
Unfortunately section 130A of the Highways Act cannot be used to
try and induce the Highways Authority to secure the removal
of obstructions from the Public Highway, instead we have to be reliant on the ineffectual
staff employed by Councils; like Cumbria County Council.
Cumbria County Council
know the law but invariably will not enforce it. The Council have such
contempt for the public (and the law) that they have written a
procedure (for themselves), Employer's Work
Instructions [EWI 09/011] that encourage their staff to lie to the public when
they fail to fulfil their statutory obligations. Unfortunately Mr Peter Sybelski [Chief Executive],
Mr RF Mather [Deputy Chief Executive], Mr Brian Walker [Head of Legal
Services] and Mr Richard Claydon [Assistant Head of Legal Services] all "turn
a blind eye" to the problems their abuse of the law and their
obdurate attitude causes.