Category: public rights of way

Previously on PathWatch we reported on the surprise reopening of a number of green lanes in the valley. It was a surprise because the lanes were closed for repairs and no repairs had been carried out at any of the locations – Scaly Gate, Scaly gate (Hepworth), Scar End Lane and Cheesegate Nab Side.

To the ensuing public outcry senior officers at the council claimed repairs had been undertaken and the closures could no longer be justified.

It made no sense to any of the local residents or users of the lanes who could clearly see that no repairs had been undertaken.

The lanes were originally closed due to damage from 4×4’s and at the time it was readily agreed by Kirklees that the lanes needed to be closed to vehicles to under take repairs.

Here’s a nice email from Will Accornley a Director at Kirklees confirming the situation in March 2022.

It should also be remembered that a member of the public had served a s56 notice on Kirklees which prompted the closures and promise of repairs.

A recent response to a freedom of information request has shed some light into the murky goings on at Kirklees.

The closures were poorly managed and following a complaint from a 4×4 driver Kirklees went into a panic and reopened the lanes in February 2023. They seemed to forget all about the s56 notice and promise of repairs.

This is confirmed by an email exchange between Mark Scarr, Head of Highways and his staff reproduced below. The emails confirm senior staff at Kirklees new that no repairs had been carried out.

From: Mark Scarr <Mark.Scarr@kirklees.gov.uk>

Sent: 07 February 2023 14:33

To: Mark White <Mark.White@kirklees.gov.uk>; Will Acornley <Will.Acornley@kirklees.gov.uk>

Cc: @kirklees.gov.uk>

Subject: RE: Cheese Gate Scaly Gate(s) Scar End etc. NOT Ramsden Road etc

Is all planned work for which the TTRO was put in place and the blocks were installed, completed?

Mark

Mark Scarr

Head of Highways

Sent: 08 February 2023 08:04

To: Mark Scarr <Mark.Scarr@kirklees.gov.uk>; @kirklees.gov.uk>; Mark

White <Mark.White@kirklees.gov.uk>; Will Acornley <Will.Acornley@kirklees.gov.uk>

Subject: RE: Cheese Gate Scaly Gate(s) Scar End etc. NOT Ramsden Road etc

Morning Boss

No we haven’t undertaken any works at this location whilst the TTRO has been in place.We have undertaken some potholing repairs on the section lower down as part of the issues about road adoption/classification that Graham West was dealing with.

In terms of this it was all agreed before we established the highway asset maintenance team so we came on board when the closure and lego blocks were already in place, my understanding from the meetings with Will and yourself was that wider team was going to take a look, design a suitable scheme and then we would go to Cabinet to try and secure the funding but it would be unlikely that we would.

If you wanted a personal view from myself I would let the TTRO expire, remove the lego blocks that are currently in place and anybody choosing to use a section of highway adopted in character only chooses to do so at their own risk knowing that it will not be to the standard of a carriageway or footpath on the main network.

From a duty to maintain point of view under Section 41 of the Highways Act 1980 this would be acceptable – We have numerous sections of highway adopted in character only around the district and the above stance is how we maintain the rest of them and defend any personal injury claims on them.

It may well not solve the anti-social behaviour issues that residents experienced before the TTRO was put in place but I would then look at what powers the Council had (if any) to deal with the anti-social behaviour.

Let me know what the decision is and if needed we will raise a works order for colleagues in Highways Operations to attend and remove the concrete lego blocks that are currently in place, as Mark has correctly highlighted below if we do not remove the lego blocks then obstructing the highway would come into play.

If you need any further information just give me a shout.

CheersHide message history

From: @kirklees.gov.uk>

Sent: 07 February 2023 14:39

To: Mark Scarr <Mark.Scarr@kirklees.gov.uk>; Mark White <Mark.White@kirklees.gov.uk>; Will

Acornley <Will.Acornley@kirklees.gov.uk>

Subject: RE: Cheese Gate Scaly Gate(s) Scar End etc. NOT Ramsden Road etc

Hi Mark

Nothing has happened, it was referred to asset management for them to evaluate/assess as they are the budget holders and pass any works through to us.All that’s been done so far is the drainage works on Broad Carr Lane/Scaly Gate on the approach to but that’s below the Lego Blocks/Closure.

Thanks

Principal Engineer

Highways

Directorate of Economy and Infrastructure

Headlands Depot

Headlands Road

Liversedge

Clearly, Kirklees went for the “let them eat cake” option and to date no repairs have been carried out on any of the lanes.

This is exactly what happened with Ramsden Road. Promises of vehicle closures and repairs which nearly 5 years on have led to nothing. In the meantime a 4×4 and motorbike fest continues to play havoc for residents and ruin the environment.

He doesn’t just talk to plants.

Welcome to this PathWatch Coronation Special update on Ramsden Road and the Yateholme Lanes. Firstly, some disappointing news. The planned PathWatch Coronation Street Party on Ramsden Road will not be going ahead. Our application for a small grant for bunting, confectionery and a TRO to close the road was turned down by Kirklees. It would have been a fantastic community event and an opportunity to close and lock the £44k worth of gates for a day.

A spokesperson from the council said the PathWatch application was “not that funny really but did get a surprisingly long way in the process before being spotted.”

In a more positive turn of events the King & Queen made a surprise visit to the gates above Holmfirth. King Charles was able to draw on his lifetime of experience of being public funded but having no discernible purpose to offer the gates advice and support in their existential crisis.