8 Somerville Terrace
East Busk Lane
Otley
LS21 1HS

6 June 2004

Public Rights of Way Officer
The Highways Authority
North Yorkshire County Council
County Hall
Northallerton
DL7 8AD

Dear Madam/Sir,

Re: 'RAF' Menwith Hill Station, near Harrogate HG3 3RF

Unlawful obstruction of Public Right of Way, Public Footpath 43 Menwith-with-Darley

NOTICE TO REMOVE OBSTRUCTIONS

Countryside and Rights of Way Act 2000, section 63(1)

Under the powers coming into effect on 21 November 2002, any member of the public is enabled to serve notice on the Highways Authority to order removal of unlawful obstructions across Public Rights of Way (PROW).

Take notice that the North Yorkshire County Council Highways' Authority is hereby ordered to remove the obstructions across Public Footpath 43 (PF43) in the Parish of Menwith-with-Darley.

1. The United States National Security Agency (US NSA) has unlawfully obstructed the PROW, PF43, by the construction of a security fence and a security gate, where it crosses the Crown Land held by the UK Ministry of Defence (UK MoD) thereby denying public access to the PROW.

2. The action taken by the Secretary of State for Defence on 01 October 1985, to extinguish the PROW and divert it, in accordance with sections 16 and 17 of the Defence Act 1842, is deemed to be unlawful. The said Act does not empower the Defence Secretary to take such action.

3. The PROW is also obstructed by buildings erected prior to the Defence Secretary's unlawful closure and diversion of 01 October 1985.

4. Members of the public have at various times since 01 October 1985 attempted to exercise their right to walk PF43 and continue to do so. Records exist of many of these incidents.

5. The restoration of the lawful PROW, PF43, would not compromise the national security of Britain, as the US NSA in charge of 'RAF' Menwith Hill is not engaged in defence of Britain, but in defence of the continental USA.

6. PF43 does not run through the top-secret 'Secure Area' of 'RAF' Menwith Hill. The retention of the right for the public to use and enjoy the ancient highway is of greater importance than a minor inconvenience to the US NSA.

7. Please note that the Department for Environment, Food and Rural Affairs states:
The Government expects authorities to ensure that any obstructions they discover, or have reported to them, are removed as soon as reasonably practicable.' (DEFRA Public Rights of Way 6 January 2003).

Take notice of my intention to exercise my right to use PF43 on 19 June 2004. I should be grateful if you could ensure that the unlawful obstructions have been removed before that date, otherwise I may be obliged to 'take the law into my own hands'.

For your convenience I enclose the following relevant information:

· Closure Notice 1985

Thanking you in anticipation of your immediate attention to this matter.

Yours sincerely,

Anne Lee (Ms)

cc: Col Charles Gill, US Base Commander, US HQ Building 29, Menwith Hill Station, Harrogate. HG3 4RF.