Landowner ordered to remove fence blocking Lincoln footpath

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Two fences which have blocked a Lincoln public footpath for nearly a week are to be removed, Lincolnshire County Council has confirmed.

As previously reported, Lincoln residents were up in arms over the unexpected closure of the footpath between Birchwood Avenue and Ridgewell Close on Sunday, September 13.

A sign reading “Private: no public access or right way” had been put up on the alleyway, next to the Co-op store.

(Click to enlarge)

(Click to enlarge)

However, since then, Lincolnshire County Council has served a notice requiring the removal of the fencing under Section 149 (2) (a) and (b) of the Highways Act 1980.

The council will take down the fencing if it has not been removed within 24 hours, as it argues “it is a danger to the public.”

Dave Underwood, principal highways officer at Lincolnshire County Council, said: “Notice has been served on the landowner to remove the fencing within 24 hours failing which the county council will remove it.”

The council is also entitled to recover any expenses “reasonably incurred by them” in removing the structure or to make a complaint to the magistrates’ court for a disposal order for the fencing.

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