The issue of the lawfulness of closing/obstructing the road or the gates is a topic that has come up at recent AGMs. We realise some newer residents may not be aware of the history behind this, so we thought it would be useful to provide some background here.
In January 2020 the previous DRFA Committee sought legal advice from a solicitor at Clifton Ingram Solicitors on a range of issues relating to the road and contributions.
The full preliminary legal advice document from the solicitor click here
The solicitor’s findings on the lawfulness of closing/blocking the road can be found on p 4 of the document and read as follows:
‘I understand that a practice has been adopted for some time of closing a set of gates at the end of Derby Road; and (more recently, to try and prevent it from being used as a "rat-run") of blocking a "pinchpoint" for a period. Neither of these expedients would be lawful. lf it is a highway, to obstruct it in that way is an offence; if it isn't, it would still be an obstruction of the private right of way granted by the original conveyances.’
Under the terms of clause 2 of the DRFA Constitution, the DRFA Committee and its members are obliged to undertake all lawful acts in relation to the Committee’s objectives. As such, the Committee have followed this legal advice and Committee members have accepted that shutting/locking the gates or obstructing the road in any other way that infringes residents’ and their visitors’ rights of way is unlawful.