Fence built over public property
Reported in the Restricted Visibility category anonymously at 11:05, Tue 10 December 2019
Sent to Northamptonshire Highways 7 minutes later. ref: 1882017.
Moderated by Northamptonshire County Council at 13:08, Tue 10 December 2019
Fence was built over a drain and ditch which is public property a called logged 2/3 years ago ref PEN 931917 Last update provided on original call was that the owner was sent a letter to remove this fence . The fence was built on the wrong side of the ditch/drainage so this can causing flooding in bad weather
the location is on the road from Ashton village towards Ashton Wold near the byway to the Nene Way. It is part of the southern perimeter fence of a block of woodland that is shown on the FixMyStreet map (image attached).
The specific section of fence that I previously reported and which the council wrote to the owner highlighting the fence is in the incorrect location runs from approximately opposite the byway, east along the road to where it branches north east towards West Lodge.
Thank you for reporting a fault. We will use the information you have provided to assess and prioritise this fault in accordance with our published response times for fault reports.
State changed to: Investigating
Posted by Northamptonshire Highways at 11:12, Tue 10 December 2019
This is part of an ongoing and long-running enforcement issue. Matters of highway encroachment can often take many months to resolve; long periods of nothing happening on site do not mean that nothing is happening.
Posted by Northamptonshire Highways at 11:51, Thu 30 January 2020
Having just reviewed reports on this site the landowner is surprised to see that this is an ongoing enforcement issue having contacted the highways team after receiving a letter. They spoke to the case officer at least 18 months ago. They disputed the boundary assertion verbally and followed up with a letter. They assert that the riparian responsibility places the boundary is on the edge of the ditch, that the fence is erected correctly on the outside edge of the ditch and does not obstruct or encroach on any part of the public highway. The landowner verbally offered to meet the officer on site. That was agreed to and the officer said they would be in touch. The landowner is still waiting to hear about when a site visit can be arranged. No further contact or correspondence has been received from NCC Highways. Additionally, the allegation that the simple stock proof fencing poses a flooding risk is patently inaccurate. The fencing is simple open wired stock proof fencing which cannot stop water. The landowner awaits a follow up from the highways enforcement team.
Posted anonymously at 14:11, Wed 13 May 2020
This is part of an ongoing and long-running enforcement issue. Matters of highway encroachment can often take many months to resolve; long periods of nothing happening on site do not mean that nothing is happening. Update - following inspection on 11/08/20 fence was still observed on site, highway boundary clearly visible behind it. Letter being sent requiring removal in 21 days
Posted by Northamptonshire Highways at 11:24, Wed 12 August 2020
Meeting to be held by the end of September to ascertain the extent of the highway and for the obstruction to be removed.
Posted by Northamptonshire Highways at 14:29, Thu 10 September 2020
These images show some of the old fence line which is 3-5m inside the new fence (running from the north side of byway T junction towards West Lodge ie running SSE). These are largely obscured by regrowth but a careful inspection shows they are also inside an old drainage ditch which runs exactly parallel between the new disputed fence and the old fence line.
Posted anonymously at 11:59, Tue 29 September 2020
This report is under further investigation.
State changed to: Under further investigation
Posted by Northamptonshire Highways at 11:59, Tue 29 September 2020
State changed to: Open
Updated by Northamptonshire Highways at 16:06, Tue 29 September 2020
Various issues have arisen to causes delays in the site meeting necessary to resolve this situation. The latest lockdown has caused a cessation of all face-to-face site meetings for the duration - once measures are eased contact will be made again to arrange a new date.
Posted by Northamptonshire Highways at 16:28, Wednesday 13 January 2021
After a meeting on site it has been determined that the encroachment of the fence is minimal, and it serves a highway purpose as it guards a downward slope (not a drainage ditch). No action will be taken against this matter.
State changed to: No further action
Posted by Northamptonshire Highways at 08:53, Wednesday 19 May 2021
This report is now closed to updates. You can make a new report in the same location.