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Rights of Way - enforcement
Summary of Service
The County Council's statutory duty to protect and assert the rights of the public to the use and enjoyment public of rights of way is known as enforcement. The Council must ensure that paths are kept free from obstructions such as walls, fences and hedges, overhanging vegetation, dangerous animals etc, and that paths have been re-instated after ploughing and are then kept clear of growing crops.
Details of Service
The County Council’s policies for rights of way enforcement are set out below. Enforcement must not be confused with routine maintenance of the path network, the separate policies for which can be found in the information about Rights of Way Maintenance. In many cases, what may at first be thought to be an enforcement matter may well be more appropriately dealt with as a maintenance issue. The Enforcement and Maintenance sections should ideally be read together because of the close links between the two duties.
Enforcement Policies
Statement of Intent
The County Council will continue to assert and protect the rights of the public to the use and enjoyment of public rights of way.
Enforcement procedures
Where rights of way are obstructed, cropped or ploughed out the County Council will adopt a fair and robust policy towards enforcement action, with the emphasis being placed on co-operation wherever achievable, but supported by formal legal action where necessary. As a first measure where a negotiated solution does not appear to be possible or has failed, the County Council will serve formal notice upon the person responsible, requiring removal of the obstruction or abatement of the nuisance. This will be followed, if unsuccessful, by default action, with the costs incurred being recharged, and if necessary by court proceedings.
The County Council will, by use of Rights of Way Wardens, promote closer liaison between user groups, parishes and landowners to minimise, and if possible avoid, conflict of interest and encourage the proper use of paths.
Path Furniture
Not withstanding the hierarchy approach to rights of way maintenance, immediate action will be taken to remove illegal gates from byways.
Gates, stiles and other barriers to access will only be authorised for the purpose of controlling the ingress and egress of livestock and where they are required to safeguard users of the right of way. The County Council will pursue the policy of “least restrictive option”, i.e. gap, gate, stile when considering whether authorisation should be given.
Where existing authorised furniture requires replacement, once again the least restrictive option will be sought. Where the County Council agrees with a private landowner that a less restrictive option is required than the basic minimum requirement it will seek to meet any extra costs involved (e.g. where a kissing gate is installed to replace a stile) either from internal or external funding sources. The removal of unauthorised gates, stiles and barriers will be required unless retrospective authorisation is applied for and the above criteria can be satisfied. Group 1 paths within the hierarchy will be subject to a minimum of gates, stiles and other barriers. Provided that the character of the right of way is suitable in all other respects, the needs of the visually impaired and others with mobility problems will be paramount.
Parish Wardens
The County Council will continue to seek to establish Parish Wardens to obtain the assistance of Parish Councils to deal with obstructions and minor maintenance issues at a local level.
Location of Service
Enforcement issues are, in the first instance, dealt with by the Rights of Way Warden for the area of the county in which the problem is located, i.e. North Wiltshire, West Wiltshire or Kennet or Salisbury District. The area boundaries match those of the current District Councils for those areas. When necessary, support is provided to the Rights of Way Wardens by Rights of Way and Legal staff located at County Hall in Trowbridge.
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Legal Framework
The County Council’s enforcement duties are as follows:
- To assert and protect the rights of public to the use and enjoyment of, and to prevent so far as possible the stopping up or obstruction of, all their highways (Highways Act 1980, Section 130)
- To enforce the restoration of footpaths and bridleways lawfully ploughed or disturbed (Highways Act 1980 Section 134)
- To take action if the ploughing or disturbance of a highway was unlawful (Highways Act 1980 Section 131A)
- To enforce the duty of an occupier to ensure that crops do not inconvenience users of footpaths, bridleways and unmetalled carriageways (Highways Act 1980 Section 137A)
- To prosecute anyone responsible for a misleading notice on or near a footpath, bridleway or restricted byway shown on a definitive map (National Parks and Access to the Countryside Act 1949 Section 57)
The County Council also has powers to:
- To remove unauthorised signs from rights of way (Highways Act 1980 Section 132)
- To require the removal of a structure or other obstruction from a right of way (Highways Act 1980 Section 143)
- To require the enlargement of gates across bridleways or carriageways (Highways Act 1980 Section 145)
- To require maintenance work to be done on stiles or gates
- To require the removal of things deposited on a highway causing a nuisance (Highways Act 1980 Section 149)
- To require the cutting back of vegetation overhanging a right of way (Highways Act 1980 Section 154)
- To require the abatement of a nuisance caused by barbed wire adjoining a right of way (Highways Act 1980 Section 164)
- To require the fencing of dangerous land adjoining a right of way (Highways Act 1980 Section 165)
- To make good the surface of a right of way under certain circumstances (Highways Act 1980 Schedule 12A)
- To carry out works where a duty to keep a path clear of growing crops has not been complied with (Highways Act 1980 Schedule 12A)
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Future Developments
The County Council will keep its enforcement policies under regular review, making any alterations required due to changes in the law or that prove to be necessary in the light of experience.
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Contact Details
By Post
The Rights of Way and Land Charges Manager
Environmental Services Department
Wiltshire County Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JD
By Email
rightofway@wiltshire.gov.uk
By Telephone
01225 756178 / 01225 756183
By Fax
01225 713400
