Width of ER28

June 22, 2020Parish ClerkPublic Footpaths

ER28 – Foot path running between The Droveway and towards the Football field (in blue – on map below)

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Further to the post back in January 2020 click here to see it Public Rights of Way PROW, despite agreeing that they have evidence that the footpath is narrower since it was fenced off, are now asking for people to provide additional statements to this effect.

The Parish Council believe they would be remiss not to publicise and correlate this request, particularly given recent social distancing requirements.

ER28 runs parallel to Droveway gardens and up to the Droveway. The part opposite the back of the school up to Scouts forest used to be fenced on the North side only and open on the South. The footpath ran alongside this fence. (in blue on the map below) In January 2020 posts were installed for a fence to be erected to the South side, this fence has now been completed. The south field had been sold by The Bay Trust and bought privately. It is proper to have this fence to protect the horses, cordon off the private land and allow the public right of way to remain.

The remaining thoroughfare is approx 1.2 m post to post. The new fence has been inserted in the headland where the path used to traverse and pedestrians initially had to walk partially in the ditch, but this has since been levelled.

The Parish Council requested that Pubic Rights Of Way make a site visit and they did so on Wednesday 29th January and were then in communication with the solicitor to the landowner. The Parish Council had also approached the landowner asking if the path could be made wider before the fencing was complete, but to no avail.

A recent email (17th June) from the East Kent Area Manager, Public rights of way KCC states that the County Council agree with the Parish Councils request and information provided to date that the footpath was wider than it is now and they are proceeding with the process of insisting the landowner moves the fence, however any additional evidence submitted as a formal claim can only help.

Back in January the Parish Council understood that it was not necessary to submit a formal claim, this has now changed. In a nutshell evidence is being requested from people to show that it was wider and has been used it freely for 20 years or more.

If you wish to provide a signed statement to the effect please download and fill in this form User evidence statement. Please also note the map below and PDF copy here

It is not the easiest of forms, please read each question carefully and answer appropriately. One individual does not need to have used the track for the full 20 years. The community as a whole must prove that the wider track was used over the whole time span. Please read each question carefully and answer honestly.

Send the competed form to info@stmargaretspc.co.uk or drop it in the letterbox at the village hall or post it to Parish Clerk, 3 Castle Drive, Whitfield, Dover, Kent, CT16 3EN.

An accompanying letter is optional. More background on how the process works is here : Definitive-map-modification-order-form-and-notes

Photos taken in January 2020 – both looking West – East towards Scout forest