New guidance published on purging pointless path-paraphernalia
The Open Spaces Society have published Removing and improving path paraphernalia guidance to local authorities, land managers, and rights-of-way volunteers on the provision of easy access to paths and countryside. The information sheet aims to help those who share the society’s goal of reducing unnecessary and undesirable structures from our public paths.
Too often our way is barred or made difficult by a redundant stile, or one with missing or too-high steps which is an obstruction for less agile users. Such structures (unless historic in origin) require written authorisation by the highway authority, but frequently are erected without permission, or remain long after the livestock has been removed and they have become unnecessary.
The guidance gives a step-by-step approach to identifying structures, considering their need, establishing their status, dealing with unlawful structures, and using the British Standard 5709 in replacement and modified structures. It provides illustrated examples of good and bad practice and emphasises the importance of choosing the least-restrictive option. It is essential reading for anyone involved in making paths more accessible to all legitimate users.
The society’s trustee and local correspondent in Hertfordshire, Chris Beney, inspired the paper and wrote much of it. Chris has spent decades working on path accessibility and he chaired the British Standard working party for path structures for 15 years.
Chris says: ‘Until we have legally-enforceable national standards for paths and path furniture we may have to approach the improvement of local paths in a variety of ways. I hope this information sheet will help people find some ways to purge their local paths of pointless paraphernalia.’
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If a path is blocked but is not a public right of way, you can try these steps:
- Take a detour: If possible, you can make a reasonable detour around the obstruction.
- Cut back vegetation: If there is vegetation blocking the path, you can cut it back enough to pass through. However, you should not clear vegetation without the landowner’s permission.
- Report the obstruction: You can report the obstruction to the local authority. You can include a map reference or detailed description of the blockage.
If the obstruction is on a public right of way, you can take these steps:
- Report the obstruction: You can report the obstruction to the local authority.
- Complete Form 1: You can complete Form 1 and send it to the Chief Executive of the local authority by Recorded Delivery.
- Apply to the magistrates’ court: If the obstruction is not resolved, you can apply to the magistrates’ court using Form 4. You should seek legal advice before making an application to the magistrates’ court.
Obstructing a public right of way is a criminal offense. The highway authority can remove the obstruction and recover the cost from you if you don’t remove it.
https://www.ramblers.org.uk/go-walking-hub/getting-obstructions-removed-paths
