Public Rights of Way
Maintenance and Obstructions
The County Council has a duty to ensure that the public can use all public rights of way freely, safely and conveniently. To fulfill this duty the County Council has the power to require the removal, or to actually remove, anything which it considers constitutes an obstruction, danger or encroachment within the highway.
Our protocol for dealing with obstructions is firstly by consultation and dialogue, requesting the offender to remove the obstruction. Offenders are normally given 7 days to comply. This informal notice will be confirmed in writing. If after that period the offender has failed to comply, formal legal notice is served requiring the offender to remove the obstruction within 1 month or within a reasonable time limit determined by the County Council for obstructions of a substantial nature. Upon expiry of that time, the County Council will remove the obstruction and recover costs from the offender.
If the obstruction recurs the County Council will consider prosecution.
Where an obstruction is such that there is no reasonable prospect that the person responsible could remove it then, through consultation and dialogue the landowner/occupier will be given the opportunity to apply for a diversion of the right of way. If after 3 months, no application is forthcoming a letter will be sent to the offender allowing a further 28 days to submit an application. If after 28 days the offender has still not submitted an application, a final letter will be sent explaining that if an application is not submitted within the next 14 days enforcement proceedings will be commenced.
Recent changes in the law now mean that, in cases where the offender will not comply with a request to apply for the diversion of a path, a court may order the offender to remove the obstruction within a specified time period. If the obstruction is not removed during that time period the offender may be fined up to £20,000 and, if the obstruction still remains, the offender is liable to a further fine equivalent to one twentieth of the original fine each day the obstruction remains in place.
Ploughing and Crops on Public Rights of Way.
Ploughing: Where a cross-field footpath or bridleway is ploughed, it must be re-instated within the statutory time limit of 14 days. Re-instatement means indicating it on the ground and making the surface reasonably convenient for public use to not less than the statutory minimum width. Footpaths crossing a field 1 metre, field edge 1.5 metres, bridleways 2 metres.
Crops: Where a crop other than grass has been planted or sown on land crossed by a public right of way, the occupier has a duty to ensure that the line on the ground of the right of way is indicated to not less than the minimum width. Additionally, the occupier has a duty to prevent the crop from encroaching within the width throughout the growing season. Failure to fulfil this duty is a criminal offence.
Our procedure for dealing with ploughing and cropping: For a first offence the County Council will explain the law to the offender, an informal interview will be carried out and recorded in writing. The offender will be issued with a copy of the interview form giving him 7 days to re-instate the path. If reinstatement has not taken place after 7 days without good reason, such as adverse weather conditions, the County Council will serve legal notice upon the offender requiring them to re-instate within a further 7 days. If the path is still not re-instated, the Council will carry out the necessary works and recover costs from the offender.
If the offence recurs the County Council will consider prosecution.
STILES AND GATES ON FOOTPATHS AND BRIDLEWAYS
It is the duty of the landowner to ensure that stiles and gates are kept in a good state of repair. It is the County Council's duty to ensure that the landowner complies with this obligation and to provide a grant of 25% towards repairing or replacing such a structure. We will provide stile/gate kits as way of contribution and will also discuss delivery of a package of improvements in partnership.
If an occupier wishes to install additional stiles or gates on footpaths or bridleways, they must apply in writing to the County Council for the authority to do so. We can only authorise such structures when they are required for stock control.
WAYMARKING
Good signing and waymarking helps people find their way and also alleviates land management problems. We will assist with signs and waymarking when requested.
Highways Partnership Residual arrangements for maintenance of Public Rights of Way
The Lancashire Highways Partnership has been terminated, this was an arrangement where district councils carrying out highways maintenance duties on behalf of the County Council. The larger parts of these duties have now returned to the County Council however in the case of Ribble Valley, Pendle and Wyre District Councils, responsibilities for maintenance of public rights of way have been retained.
In Pendle it is for the entire district,
In Ribble Valley it is for the parishes of; Aighton Bailey and Chaigley, Alston, Balderstone, Billington, Chatburn, Clayton le Dale, Clitheroe, Dilworth, Dinckley, Dutton, Gisburn, Great Mitton, Horton, Hothersall, Little Mitton, Newsholme, Mellor, Osbaldestone, Paythorne, Ribchester, Salesbury, Sawley, Thornley with Wheatley, Whalley, Wilpshire and Wiswell.
In Wyre it is for the area of Fleetwood, Poulton le Fylde, Preesall and Thornton Cleveleys.
If you wish to report a problem on a right of way in these areas please contact;
Pendle-
Tom Partridge, 01282 661059 Fax 01282 661068 tom.partridge@pendle.gov.uk
Ribble Valley
Martin Kersey, 01200 887220 Fax 01200 414488 martin.kersey@ribblevalley.gov.uk
Wyre
01253 887220 Fax 01253 887210
If you submit a report via our MARIO maps system it will be re-directed by us.
MARIO - Maps & Related Information Online, Lancashire County Council's interactive mapping site. You can also inform us of problems on the rights of way network. Click here for instructions to help get you started with Mario.
