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Three Counties Hotel Storm Damage


Colin James
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Storm damaged brought these fences down at the back of the Three Counties Hotel last night, notice the fence missing further along too. I contacted the hotel at 7am this morning to notify them and also to draw their attention to the barbed wire and heavy piece of wood dangling which is swinging around dangerously in the wind, it is now 11am and nobody has even looked at it yet.

Three Counties Hotel.jpg

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I'm with Denise on this one -

 

 

Section 164, clause (1) of the Highways Act 1980 states the following:

 

Power to require removal of barbed wire

 

Where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, a competent authority may by notice served on the occupier of the land require him to abate the nuisance within such time, not being less than one month nor more than 6 months from the date of service of the notice, as may be specified in it.

 

The term ‘barbed wire’ has been interpreted to mean anything with spikes or jagged projections and this would include any made aggressive topping or addition to a wall or fence including carpet gripper, broken glass, nails and preparatory products such as plastic and metal spikes.

 

The term ‘nuisance’ has been interpreted to mean something that is likely to cause injury to people and animals using the highway and most highway authorities consider things that can cause injury lower than 2.4m to be a nuisance.

 

If you fall foul of this law you will be issued with a notice requiring you to remove the danger within a specific time period.

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Thank you I was about to reply but it would not have been so polite.  I don't like being duh'ed!!!"

 

Well it was not meant to taken personally, I was merely pointing out the OBVIOUS reason behind putting the barbed wire across the top of this fence. I am aware of the law I am not sure this qualifies because where Glastonbury Close is at the back of the hotel it used to be fields and the hotel and the fencing at the back was definitely there way before Glastonbury Close, the reason I know this is my uncle has lived in Golden Post for over 40 years and we were only recently discussing the corn field that used to be there. So if the hotel was there before the Close why should this law apply and what is the purpose of barbed wire anyway?

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Well it was not meant to taken personally, I was merely pointing out the OBVIOUS reason behind putting the barbed wire across the top of this fence. I am aware of the law I am not sure this qualifies because where Glastonbury Close is at the back of the hotel it used to be fields and the hotel and the fencing at the back was definitely there way before Glastonbury Close, the reason I know this is my uncle has lived in Golden Post for over 40 years and we were only recently discussing the corn field that used to be there. So if the hotel was there before the Close why should this law apply and what is the purpose of barbed wire anyway?

 

I am in agreement with Alex, barbed wire across the top of the fence is there to stop people climbing over that's the whole point. It will be interesting to see if any councillors can shed any light on Alex's comments above because I think he may have a valid point.

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The bard wire does not stop people climbing over the fence until they come into contact with it . One type of incident which comes to mind is kids playing football alongside this fence and their ball goes over the fence , one of the first things a kid will do is to try and reclaim his ball . Not a criminal offence but the kid could be injured. Likewise a cat could also be injured climbing over.

 

Having said all that I would protect my property in anyway I could to prevent "criminals" from entering it. There are legal ways to use bard wire on a fence.

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The bard wire does not stop people climbing over the fence until they come into contact with it . One type of incident which comes to mind is kids playing football alongside this fence and their ball goes over the fence , one of the first things a kid will do is to try and reclaim his ball . Not a criminal offence but the kid could be injured. Likewise a cat could also be injured climbing over.

 

Having said all that I would protect my property in anyway I could to prevent "criminals" from entering it. There are legal ways to use bard wire on a fence.

 

Climbing over the fence would be classed as a criminal offence and you could not only cause criminal damage in the process but you would be trespassing. The barbed wire acts as a deterrent and anyone who can see it if they had any sense would stay away not proceed to climb over it. 

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Whilst I do not want to get into an arguement with any poster I must say to K Butt that if a person of any age climbed over any fence or passed through a gate onto private property with the intent to recover a ball etc that would NOT be a criminal offence . To prove a criminal offence one of the requirements must be intent to do a criminal,act.

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The latest photograph taken by Colin clearly shows barb wire running parallel to the path at a height which could injure pedestrians including the most vulnerable children passing along this path , I am therefore surprised that nobody has seen fit to report this to the Authorities. This appears far more dangourous to law abiding users of the footpath than earlier photograph of the perimeter of the hotel.

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Whilst I do not want to get into an arguement with any poster I must say to K Butt that if a person of any age climbed over any fence or passed through a gate onto private property with the intent to recover a ball etc that would NOT be a criminal offence . To prove a criminal offence one of the requirements must be intent to do a criminal,act.

 

I don't mind a good argument, if you enter another persons land without their permission you are trespassing! 

 

How to bring a trespass claim:
 
In order to bring a claim for trespass there must be direct and unjustifiable interference with somebody’s land. This can occur in a number of ways, with the most common example being jumping over a fence to retrieve a football.

Source

 

I read this lot earlier on another forum that might be worth reading. If you were a guest staying in this hotel in one of the chalets at the back and you were robbed or your belongings stolen while you were out having dinner because the barbed wire had to be removed, I am sure you would have had no objection to some barbed wire being in place to help prevent this sort of crime in the first place.

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I agree K Butt , but there is a difference in "Proof" between Crimimal Law and Cival Law , the sign " trespassers will be prosecuted " often seen on private property is called a " wooden lie " amongst those that know the Law. You only have to see how long it takes to remove squatters from buildings and private property .

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I agree K Butt , but there is a difference in "Proof" between Crimimal Law and Cival Law , the sign " trespassers will be prosecuted " often seen on private property is called a " wooden lie " amongst those that know the Law. You only have to see how long it takes to remove squatters from buildings and private property .

 

 

 

Squatting in a residential building in England and Wales has been a criminal offence since September 2012, meaning squatters can be arrested and will face a £5000 fine or a six month jail sentence. No court orders are needed - straightforward arrest will do the job nicely. These properties are most likely to fall victim to arson, particularly if the back door has been left open! 

 

 

Squatting is a criminal offence. 

 

Ubique, at the end of the day your probably right as the law is usually more on the side of any criminal before the victim, that said, I agree with you and if this were my property I would have probably done the same.

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