Having been removed back in April, providing canal users with step free access once more, the illegal fence off Alderman’s Green Road is back!
The fence is on the right hand side of the photo, with the tow path being immediately behind it.
The notice below claims users have to stay out because it is a building site, but no work is going on – the sign is just a hoax.
Letter to council:
Dear Marcus (Fothergill, Principal Planning Officer),
Further to our previous emails, as I’m sure you are aware, the illegal fence blocking access to the canal at 445 Alderman’s Green Road was removed some time around 20th April. I have since been cycling through this location on a weekly basis, as this link now provides a vital connection between the new Cycle Coventry routes leading up through Wyken Slough and the upgraded tow path along the canal itself.
When I cycled here on Tuesday afternoon, I notice that the fence had returned, and that it had signs falsely claiming it was a construction site – similar to the signs Mr Bains has previously admitted to using. I returned to this site at around 7pm last night, and saw no changes. Whilst it appears that there has been a small amount of surface removal at some stage, this does not constitute substantial construction work in any way shape or form.
It is clear from my observations that Mr Bains is simply trying to play games with the council, and ultimately with the long-suffering local residents and users of this link. Mr Bains has already been on written record stating that his only reason for erection of this fence is his dispute with yourselves, even though this obviously has a significant impact on the general public, who are not, and cannot be, party to such a dispute.
I trust that at the earliest possible opportunity you would be able to confirm the following:
- Whether or not any enforcement action was taken to remove this fence at the planning meeting of 30th April? If it was, how long would it now take officers to visit the site and ensure the fence is removed? If it wasn’t, how long would it take to restart the process?
- What is the precise legal status of this link – the right-of-way has clearly been established by prescription over a period of more than 20 years, and the closure of the pub did not erase this. This right-of-way has since been confirmed by planning condition.
- Would the council support the previous suggestion of converting this link into a designated bridleway, in order to protect its status? If so, how might a petition calling for this be addressed?
- What rights, if any, does a landowner have to install a fence, or otherwise to block a legitimate public right-of-way, without at the very least giving some sort of notification of the type of work to be done and the timescale required, and clearly displaying this on the construction site?
I understand that the planning department has to deal with a busy caseload (especially with committee this afternoon), but I’m also extremely concerned that a landowner has decided to block a legitimate public right-of-way once more.
This site is of particular concern, because this blockage severely discriminates against anyone who is either unable to use, or who has difficulty using, the steps on the other side, and it is abundantly clear that Mr Bains is engaged in direct discrimination under the Equality Act 2010. Whilst a civil case pursuing this matter might take many months, the council still has a duty to ensure it takes whatever measures it can to resolve this through the planning or highways protection process.
I would very much appreciate it if you were able to give me any further clarification at the earliest possible opportunity.
Yours sincerely
James Avery
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