PathWatch can exclusively reveal the all new Kirklees standard for structures on public rights of way! The standard known as Not To Standard But Acceptable (this is not a joke.Ed) has recently been launched on a Holmfirth path.
Most Highway Authorities in the UK use BS5709 which is the British Standard drawn up and agreed by representatives of Natural England, CLA, NFU, OSS, BHS, Disabled Ramblers, IPROW, Highway Authority and a gate designer in a long process involving opportunity for public comment . It has been around for 40 years and was recently updated in 2018. BS5709 allows the widest range of users to access public paths and is compliant with the Disability Discrimination Act. The Kirklees Not To Standard But Acceptable standard appears to be based on…er…keeping certain councillors happy!
Councillor Nigel Patrick has previously expressed his opinion on BS5709 and his displeasure with officer decisions granting authority for structures (gates) on public paths to BS5709. As recently as 16th November 2019 Councillor Patrick wrote to Karl Battersby ( a strategic director at Kirklees) saying he thought BS5709 was “only advisory and not law” He also said to Mr Battersby on 18th November 2019 that “a complaint that it is not to British Standard is not a complaint that needs to be addressed if it is usable” The whole point of BS5709 is that these structures can be shown to be “usable” because they meet certain accessibility criteria laid out in the standard. The Kirklees Not To Standard But Acceptable standard amounts to nothing more than subjective opinion.
However Mr Battersby has recently agreed to authorise a number of Not To Standard But Acceptable structures on a Holmfirth path following Councillor Patrick’s intervention. In a 13th November 2019 email Mr Battersby advises Councillor Patrick that the council will be contacting a landowner to advise “their structures are not to standard but acceptable.”
This raises a number number of genuine concerns. Firstly this decision has been taken behind closed doors and out of public view. It shows Kirklees Council ditching a widely recognised British Standard on accessibility in favour of something completely unspecified and unauthorised on a public highway. Who decides what is an acceptable structure on a path? Is this a decision in the public interest? Will the Not To Standard But Acceptable standard be rolled out to all other landowners in Kirklees? Why is a Strategic Director on a £125,000 per annum salary making decisions about gates and water troughs on public footpaths? Is that the best use of public money? The decision would seem to undermine the work of front line council staff and their efforts to keep paths free of unauthorised structures and obstructions. How does this decision fit with the councils statutory obligations to assert and protect the public’s rights to use public paths and to keep them free of obstructions?
And finally how does the Not To Standard But Acceptable standard fit with Kirklees recently expressed aim to increase walking by 20% and its aspiration to “continue to develop and promote sustainable and active travel and ensure that Kirklees is recognised as a great place to walk and cycle, inspiring more people to walk and cycle more often as a mode of transport, for work, leisure or for sport expressed in its recently adopted climate emergency plan ?
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