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Preventing Public Access to Workplace Yards etc

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Preventing Public Access to Workplace Yards etc

Post by Safety »

Hi all,

I am searching the internet to try and find a prosecution for failure to secure a workplace site to prevent public access, can anyone point me in any direction for some anything?

Thanks in advance
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Re: Preventing Public Access to Workplace Yards etc

Post by AdamJ »

Something in the dim and distant dusty corners of my mind says Sainsbury's?
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Re: Preventing Public Access to Workplace Yards etc

Post by bernicarey »

Well the classic case law is British Railways Board v Herrington 1972 - Occupiers' Liability

http://www.e-lawresources.co.uk/British ... ington.php
www.belvoirsafety.co.uk

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Re: Preventing Public Access to Workplace Yards etc

Post by toecutter »

We have a public right of way right along the edge of our yard...
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Re: Preventing Public Access to Workplace Yards etc

Post by bernicarey »

toecutter wrote: Tue Jun 05, 2018 1:50 pm We have a public right of way right along the edge of our yard...
And if you have concerns, you are at liberty to fence it off to keep the people to the footpath only, such as some farmers do with their fields.
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Re: Preventing Public Access to Workplace Yards etc

Post by toecutter »

To be honest it doesn't really bother me just now, in the year we've been on this site I've never seen anyone use it. We are looking at putting in an alternative route that goes round behind one of the buildings, avoiding the yard completely. My thinking is that people will naturally follow the path of least resistance anyway.
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Re: Preventing Public Access to Workplace Yards etc

Post by grim72 »

Grim72
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Re: Preventing Public Access to Workplace Yards etc

Post by bernicarey »

toecutter wrote: Wed Jun 06, 2018 8:41 am To be honest it doesn't really bother me just now, in the year we've been on this site I've never seen anyone use it. We are looking at putting in an alternative route that goes round behind one of the buildings, avoiding the yard completely. My thinking is that people will naturally follow the path of least resistance anyway.
If it's actually a Public Footpath/Right of Way, you will need to get a deviation approved by the Local Authority Highways Dept. In England, that's the County or City Council usually.
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Re: Preventing Public Access to Workplace Yards etc

Post by toecutter »

bernicarey wrote: Wed Jun 06, 2018 12:15 pm
toecutter wrote: Wed Jun 06, 2018 8:41 am To be honest it doesn't really bother me just now, in the year we've been on this site I've never seen anyone use it. We are looking at putting in an alternative route that goes round behind one of the buildings, avoiding the yard completely. My thinking is that people will naturally follow the path of least resistance anyway.
If it's actually a Public Footpath/Right of Way, you will need to get a deviation approved by the Local Authority Highways Dept. In England, that's the County or City Council usually.
We're hoping to avoid all that (it's a Scottish Natural Heritage footpath) by putting in the new path, which is an easier route, and just leaving the old one to fall out of use naturally rather than technically closing it off. Still looking into it, there's a heating oil tank for an accommodation unit that'd need to be moved and a few other considerations. The path doesn't get a great deal of use so might not be worth it...
Sorry for the thread hijack, Safety!
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Re: Preventing Public Access to Workplace Yards etc

Post by bernicarey »

toecutter wrote: Wed Jun 06, 2018 2:37 pm

We're hoping to avoid all that (it's a Scottish Natural Heritage footpath) by putting in the new path, which is an easier route, and just leaving the old one to fall out of use naturally rather than technically closing it off. Still looking into it, there's a heating oil tank for an accommodation unit that'd need to be moved and a few other considerations. The path doesn't get a great deal of use so might not be worth it...
Sorry for the thread hijack, Safety!
Yeah, right!
Not 100% sure where you stand with that in Scotland, but I think you'll find that under Highways Act 1980 the local authority can order you to maintain the path as shown on the official maps that they control, and take legal action against you if necessary.
I suggest you become familiar with relevant parts of the Highways Act 1980 (you'll note I haven't said which they are because it's a huge document!! :lol: )
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Re: Preventing Public Access to Workplace Yards etc

Post by toecutter »

Yeah, the legislation's quite a minefield, but what I mean is that we'll give the walkers an easier and safer path without changing the original "official" right of way at all. The option will still be there to use the original route, it's just that they'll have the option of going along the side of a field instead of a grubby yard.
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Re: Preventing Public Access to Workplace Yards etc

Post by stephen1974 »

toecutter wrote: Wed Jun 06, 2018 8:41 am To be honest it doesn't really bother me just now, in the year we've been on this site I've never seen anyone use it. We are looking at putting in an alternative route that goes round behind one of the buildings, avoiding the yard completely. My thinking is that people will naturally follow the path of least resistance anyway.
You dont watch youtube videos do you? The millisecond you take away their access some jobless wonder will turn up with his camera demanding to walk through.
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