Homeowners Forfeit Legal Battle Over Installed £10k Electric Gates Preventing Public Access to Adjacent Footpath Near Their Eleven-Bedroom Estate Reminiscent of a Bond Villain's Lair
In the notorious saga unfolding in the South Wales Valleys, a gigantic £10K electric barrier erected by well-heeled residents has been ordered to come crashing down. The Drew family, residents of a sprawling mansion, caused an uproar by obstructing an age-old trail cherished by locals for cycling, walking, and horseback riding.
For six decades, this well-trodden path, nestled in breathtaking countryside, had been a sanctuary for the community. Then, the Drews moved in, à la James Bond style, clad in 8-ft high electric gates and CCTV cameras. A hoity-toity sign reading 'No unauthorized access' only added fuel to the fire.
The Drews, a chartered accountant and a slimming consultant, both 40, condemned years of supposed illegal parking, aggressive dogs, vandalism, theft, and even air rifles targeting their property. Alarmingly, they claimed their family was subjected to flashing torches aimed at their children's bedrooms.
But the villagers of Cwmparc, near Treorchy, were furious, sparking a 'No To The gate' campaign and peaceful protests. The controversially fortified mansion, referred to as the 'James Bond Villain House', was their dream home outside the Brecon Beacons National Park.
However, residents accused the couple of being reclusive, barely seen by the community. One neighbor quipped, 'It's more like Fort Knox.' Stirring the pot further, private security was often seen patrolling the perimeter, adding to the growing sense of unease.
Despite the Drews' attempt to claim the gates were essential for safety, the council ruled in favor of the community. The hierarchical organization recognizes the 'strong community feeling' over the gates and affirmed the presence of highway rights due to the trail's constant use for over 20 years.
The Drews have been given a timeline to remove the gates. If they fail to comply, the council may proceed with legal action. This decision restores public access to a cherished piece of local paradise, bringing relief to the community.
Digging Deeper
Highways Act 1980
The main legislation that governs public rights of way in England and Wales is the Highways Act 1980. This Act grants highway authorities the power and responsibility to maintain, protect, and manage public paths, which include footpaths, bridleways, and byways open to all traffic.
Public Rights of Way Regulations
Public rights of way are often protected by formal regulations. If a right of way has been in use for over 20 years in England or Wales, it is considered 'presumptively' a public right of way. Local authorities are required to maintain these paths and investigate any obstructions.
Council Responsibility and Enforcement
Local authorities bear the responsibility for maintaining and managing public rights of way. Obstructions, such as electric gates, can be considered illegal, and the council has the power to intervene and enforce their removal. In extreme cases, court action may be necessary when local authorities fail to address the issues.
In this instance, the Drew family must abide by the council's decision and remove the electric gates that stand as a barrier to the community's shared countryside paradise.
In light of the Highways Act 1980, the Drew family's electric barrier, obstructing the community's cherished bridleway, may be deemed illegal. The council, acknowledging the strong community feeling and the presumptive public right of way due to the trail's constant use for over 20 years, has ordered the Drews to dismantle their gates, or else face potential legal action.
