Council bending the law to close paths [21 August 2001]

BLACKBURN BOROUGH Council is using a loophole in the law to shut off footpaths to local residents. The council has placed Traffic Regulation Orders (TRO) - which allow public routes to be shut for six months for safety reasons - on two popular footpaths. One centuries-old route has been off limits for more than three years.

Councils do not have to justify the use of TROs and the public has no right of appeal when paths are shut in this way. Anyone using the path is committing a criminal offence. 

In another case, the council issued a TRO to close off a footpath on an area earmarked for development and then granted permission for the landowners to start building on top of the right of way.

Ramblers footpath policy officer Donna O'Brien said: "These paths are officially recognised and legally protected and this is a blatant attempt to circumvent the law in favour of the landowners."

The Ramblers' Association is campaigning to have the loophole closed and is taking the cases to the Local Government Ombudsman.

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