Advice for farmers and landowners

General advice

• Make sure you know where the public rights of way are across your land and have respect for them. (Ensure a check is carried out when purchasing new land)
• Keep rights of way clear of obstructions.
• Ensure cross-field routes are convenient, apparent and free from obstruction to the minimum width. 
• Ensure field edge routes are convenient, apparent and free from obstruction to the minimum width.
• Ensure stiles and gates are authorised by the council, maintained in a safe condition and easy to use, and remove any unnecessary structure.
• Do not place barbed wire across rights of way or attach to structures. If unavoidable, place the wire stock side and place plain wire user side to avoid injury
• Do not place new fences, ditches, stiles or gates across rights of way, or install new bridges or culverts along rights of way, without permission of the council.
• Do not allow any prohibited bull in a field through which a right of way passes.
• Do not erect misleading signs likely to deter use of rights of way.
• Do not remove or alter the direction of rights of way signs and waymarks.
• Ensure that rights of way are restored following permitted drainage schemes.

Overhanging trees and side vegetation

• Landowners and managers are responsible for the maintenance of side vegetation from their land, such as hedges and trees, on or by the side of a public right of way, to ensure that it does not encroach onto the public path.
• When a tree or branch has come down on a public right of way it is the landowner/managers responsibility to clear the debris. 
• If works need to be undertaken on a tree, a temporary path closure needs to be in place; check to ensure the trees concerned are not subject to a tree preservation order (TPO). 
• Any branches overhanging a right of way should not obstruct users, and have a minimum height clearance of 3.75 metres on bridleways. 

Stiles and gates

• The Highways Act 1980 places the responsibility of maintenance of existing structures on public rights of way with the landowner. They must ensure that structures are maintained in a safe condition so as not to inconvenience or create a hazard to path users.
• We are keen to work with landowners to increase access opportunities for all and improve access where possible on public rights of way.
• One way of achieving this is by minimising and reviewing the necessity of structures on rights of way through applying a policy of least restrictive access when we consider applications for, or the replacement of, structures.
• Gaps are the first preference in place of a structure.  We therefore encourage removal of structures that are no longer necessary and for stiles to be replaced with more user-friendly gates, such as kissing gates or self-closing gates.
• Gates and stiles must conform to British Standards Institute (BS5709).

New structures

If you wish to introduce a new structure on a public footpath or bridleway, you will require permission from the Council. 

Applications for a new structure can be made under the following legislation:

• Section 147 – Highways Act 1980: in order to secure efficient use of the land for agriculture by preventing the ingress and egress of animals.
• Section 66 – Highways Act 1980: for the purpose of safeguarding persons using the highway.
• There are various designs of stile and gate for footpaths and bridleways and to suit different boundary types.
• (Please view attached BS examples of typical structures)
• Contact the Public Rights of Way Officer to discuss

Ploughing

Ensuring during any cultivation that public footpaths, bridleways and byways are kept open

• is good agricultural practice and a legal requirement
• it also helps people stay on paths rather than wandering and damaging crops.

Before ploughing - Check

• Make sure tractor drivers or contractors know where the public paths are - and how to deal with them.

After first ploughing - Reinstate

• Within 14 days after cultivation starts, paths must be restored to have a firm level surface, and be clearly visible on the ground.
• Marking paths using two or more passes of tractor wheels or rolling are both acceptable.

After further cultivation - Reinstate

• Within 24 hours, restore and remark any paths which have already been previously disturbed during that growing season.

Field edge paths - Avoid

• Ensure field-edge paths, and all byways and unsurfaced ‘field roads’ are not disturbed at any time. • Keep hedges and overhanging trees cut back so the full width of the path is clear and available.

With growing crops - Clear paths

• At all times ensure the legal routes of paths are visible and passable, to the widths stated here:

As specified in Schedule 12A of the Highways Act 1980. This applies to all crops except grass.

• These widths apply unless a specific width is recorded on the official Definitive Statement of Rights of Way.
• Clear extra width for tall crops, such as oilseed rape, that will fall-in from the sides and block paths.
• Clearing using cutting or spraying is acceptable.

Cattle and public access

Role of the council

The council:

• Assert and protect the rights of the public to use and enjoy rights of way.
• Maintain the surfaces of rights of way suitable for its indented use.(that are recorded as maintainable at public expense)
• Maintain the natural vegetation from the surface.
• Maintain the natural vegetation from the sides when we are landowners.
• Assist farmers and landowners with the maintenance of approved stiles and gates.
• Signpost footpaths, bridleways and byways where they leave a metalled road
• Maintain bridges over natural water courses crossed by rights of way
• Receive complaints and take appropriate action