A year ago the Herricks' had had enough and put the property on the market. To placate any purchasers the SCC was asked to produce a "settlement list" that would stop any more legal action. A meeting was arranged with Mary Leizers, Legal Department of County Hall, who eventually produced TWO lists. One was for the proposed purchaser, the other for Mr & Mrs Herrick. They differed.(See here).
Apart from demanding:
- that the gates "preferably" be removed to create an 8 metre gap
- six fences (and hedges) to be moved to correspond with an illusory definitive line of right of way (the expensive survey cost the ratepayers £7500 but the conclusions are fallacious: the Ordnance Survey map has a built-in error of ± 8.8m! See column bottom right). NB there is no written width stated anywhere: the path is not listed on the 1947 footpath survey at all.
the SCC also listed the following:
- misleading sign Private Waters "a deterrent to walkers" (we are not making this up)
- remove kerbstones across the path
- uplighters by gates to be removed
- overgrown vegetation on stile in laurel hedge (tut, tut).
Before that Brian Herrick was threatened with imprisonment for replacing a stile and putting in a rambler gate (April 2008). For letters see here.
Farmer Graham Brunt used to keep sheep in one of their fields using a temporary rambler gate supplied by South Somerset DC. He says (in a sworn statement): "Somerset County Council told Mr.Herrick to remove it or they would take serious action. Mr.Herrick told me to remove the temporary gate. I now cannot keep sheep in that field near to the entrance gates."
For his statement click here.
To remind you here is photo of one stretch of path (taken October 15th 2009)
Careful Brian: some leaves visible there. Better get the besom out: the Council will be after you.
And below close up of the mixed planting, including wild roses: sorry they were past their best at the time of photographing.
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SCC says this is a misleading sign and a "deterrent to walkers." Hands up those who can spot the waymark footpath sign. Now take your time . . .
"Gravel not Disability Discrimination Act approved",
and kerb to be removed.
"Overgrown vegetation on stile". Ye Gods.
The Ordnance Survey is fallible
The surveyors Lewis Brown who carried out the footpath survey for the SCC (at our expense) have recently explained that “there is an inherent inaccuracy in the old 1:10,000 OS map (the definitive map) from which data was based on our survey. This is ± 8.8 metres.”
For the tyros amongst you this is shown on page 33 of the attached Land Registry Practice Guide 40. Only 3 points out of the 44 taken could be perhaps more accurate owing to immovable historic features on the ground. They obviously could not guarantee more accuracy than the map of ± 8.8 metres.
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