Council's response to issue of fly-tipping in Pendle felt like 'a loaded gun'

Cedric Ulett, who has been victim to what he claims are drug dealers fly-tipping on the private driveway leading up to his home, was told by Pendle Council that the only way he could prevent the incidents from occurring would be to divert public access from the drive through nearby fields, at his own expense.

Mr Ulett had a meeting on Tuesday with the Countryside Access Team for Pendle Council, in which he was told he would need to get permission from two landowners to carry out the changes.

He said: "They informed me that the only solution is to divert the public access at my expense.

"This will involve getting permission from two separate landowners to divert the path so that it goes through their fields.

"I will have to install land drainage in the field opposite my house.

The bags were dumped on Cuckstool Lane in Fence, and one resident believes they are full of weed

"I will also have to pay for advertising, signage, installation of several new gates, legal fees, admin fees, survey fees etc.

"I will also have to pay the two landowners any fees they want for inconvenience and use of their land.

"If all parties agree to diverting the public access I will be able to install gates at the bottom of the drive.

"It will be an expensive exercise, but it seems I have no choice if I want to remain in our home, and make it safe and secure."

Fury in Pendle as hundreds of bin bags full of suspected cannabis dumped on private driveway

Hundreds of bags of rubbish have continuously been dumped on the Cuckstool Lane driveway in Fence, which leads to Mr Ulett's home as well as one other property, with the 63-year-old saying the incidents had been occurring for more than two years.

Before that, bags of rotten chicken had also been left there.

Mr Ulett says he was recommended by the police to erect a set of gates, as they could not do anything about the ongoing issues.

But a spokesperson for the council told Mr Ulett in an email that they could not give him permission to put gates across his access drive as it is also a public footpath, and referred him to a 2014 ruling from the high court, in which a judge ruled that gates erected across Barcroft Lane in Somerset by Brian Herrick, owner of the £3.8-million Barcroft Hall at South Petherton, were unlawful and had to be removed.

Mr Ulett said: "The case they sent me was brutal. It feels like a loaded gun."

The bags were dumped on Cuckstool Lane in Fence, and one resident believes they are full of weed

The council spokesperson told Mr Ulett that the high court case of 2014 illustrated the legal position of the council (case can be found by visiting: oss.org.uk/landmark-judgment-on-highway-obstruction/), and stated: "However, as mentioned it may be possible to divert the footpath and I am happy to visit to discuss this."

Following the visit on Tuesday, Mr Ulett said he had been to one of the two landowners to ask permission, adding: "I met with one of the two landowners yesterday evening.

"Unfortunately he does not want to allow any more walkers to walk across his field.

"It seems my only option is to live with the problem or move."