7-Aug-2022

Obstruction of the A413
at Smalldean

Obstructing the Highway ?

Following a long running campaign to have Smalldean Lane reopened, EKFB refused to do so, forcing pedestrians and cyclists onto the A413. EKFB then denied responsibility for the state of the road -
“The safety of the A413 and the level of traffic on the A413 is not related to the HS2 project and therefore I would advise that you raise any safety concerns with Transport for Buckinghamshire. Many other vehicles and lorries use this road that are not operating on HS2 business.” - which prompted an examination of the works, since the proximity of the security fencing to the carriageway forces pedestrians into close proximity to fast traffic with a high proportion of HGVs. The fencing has been constructed on what was previously the footpath beside the road, a contravention of Sec. 137 of the 1980 Highways Act, and a criminal offence.

This report records the position of the fencing, and the relevant legislation (which has not been suspended within the HS2 act limits) It was submitted to Thames Valley Police, who declined to investigate, saying it was a matter for Transport for Bucks. TfB declined to investigate, suggesting that we contact the HS2 helpdesk (seriously ?) , who sent a reply from EKFB, saying that everything was legal - but without attempting to refute any of the points in the original complaint.

This prompted a further complaint against Thames Valley Police, and TfB, for failing to enforce the law. We are currently awaiting their response. We have no evidence to suggest that either of these bodies have actually taken the trouble to visit the site - but why hurry, it will be there for several years ?

Round 3 - May 2022

In response to the original complaints, it emerged that the obstruction on the west side verge of the A413 was authorised by a Schedule 33 application. No explanation of the east side obstruction was received. A further complaint was submitted to Bucks and HS2/EKFB on 22nd May, regarding the approval of the West side closure, and the lack of any action to remedy the situation.

Round 4

EKFB have constructed a 30m long concrete wall to protect the Smalldean Conveyor supports - still nothing to protect any pedestrians on the rest of the route. The complaint regarding the obstruction on the East side was renewed; Bucks denied that the obstruction was outside act limits, and EKFB suggested that the verge of the highway was not a public right of way - see Round4. Both statements are incorrect - see our latest response.