§ Lord Melchettasked Her Majesty's Government:
Whether they will require the applicant for a public path extinguishment order for part of the width of Sproughton footpath 11 in Suffolk to remove the 6-ft. high chain link fence which has illegally obstructed the footpath since 1981 before they prepare and publish a draft order.
§ Lord SkelmersdaleMy right honourable friend the Secretary of State has no power to require the applicant to remove the chain link fence which is apparently obstructing footpath No. 11 Sproughton. It is the local highway authority, or the district council acting on their behalf, who must consider what steps to take in respect of any obstruction in their protection of the rights of users of public rights of way.
On the information before him my right honourable friend the Secretary of State has decided that the proposed extinguishment order merits further consideration and proposes, in the near future, to publish a notice of the draft order to stop up part of the width of the footpath. This will enable any objections to be considered if necessary at a local inquiry. In accordance with subsection (6) of Section 118 of the Highways Act 1980 consideration of the case is not influenced by any temporary circumstances preventing or diminishing the use of the path.