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Excavation of ditch across or damage to surface of path without lawful authority or removal/ obliteration of sign (offence under S131 of Highways Act 1980).
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Prosecution for damage under S131 and 131A of Highways Act 1980.
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No alternative action available
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Standard letter 1
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Consider prosecution
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Things deposited on highway so as to cause nuisance or damage etc. e.g. soil or rubbish without lawful authority (offence under S131 of Highways Act 1980)
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1. Prosecution for damage under S131 and 131A of Highways Act 1980 or
2. Serve notice under S149 of the Highways Act 1980 to remove deposit.
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S149 allows for the removal of deposit without notice being served if it ought to be removed because it is a danger. No provision to take direct action in default of notice
If notice is not complied with, application can be made to the Magistrates’ Court for a removal and disposal order.
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Standard letter 2
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Serve Section 149 Notice & accompanying letter
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Disturbance of surface of footpath or bridleway e.g. by developer across a building site without lawful authority (offence under S131A of Highways Act 1980)
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1. Prosecution under S131A of Highways Act 1980 or
2. Reinstatement using provisions of Schedule 12A of Highways Act 1980.
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Both courses of action are available but need to consider which option will deliver the best result.
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Standard letter 1
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Consider prosecution or reinstatement
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Ploughing of headland path (offence under S131A of Highways Act 1980).
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1. Prosecution under S131A of Highways Act 1980 or
2. Reinstatement using provisions of Schedule 12A of Highways Act 1980.
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Both courses of action are available but need to consider which option will deliver the best result.
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Standard letter 3
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Consider prosecution or reinstatement
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Failure to reinstate cross-field path within legal timescale after ploughing operation (offence under S134 of Highways Act 1980) .
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1. Prosecution under S134 of Highways Act 1980 or
2. Reinstatement using provisions of Schedule 12A of Highways Act 1980.
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Both courses of action are available but need to consider which option will deliver the best result.
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Standard letter 3
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Consider prosecution or reinstatement
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Wilful obstruction of path without lawful authority (offence under S137 of Highways Act 1980).
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1. Prosecution under S137 of Highways Act 1980 or
2. Removal of structure under S143 of the Highways Act 1980 or
3. Notice to remove things deposited so as to be a nuisance (Highways Act 1980 section 149.)
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S143 requires a period of one month to be given if the cost of removal is to be recharged.
Access is only available over the route of the path.
S149 allows removal of deposit without notice being served if it ought to be removed without delay. If notice is not complied with, application must be made to the Magistrates’ Court for a removal and disposal order.
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Standard letter 4
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Serve Section 143 Notice & accompanying letter
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Interference by crops (offence under S137A of Highways Act 1980).
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1. Prosecution under S137A of Highways Act 1980 or
2. Reinstatement using provisions of Schedule 12A of Highways Act 1980.
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Both courses of action are available but need to consider which option will deliver the best result.
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Standard letter 5
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Consider prosecution or reinstatement
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Bridle gates of less than 5 feet width (power to take action under S145 of Highways Act 1980).
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Serve notice under S145 of Highways Act 1980
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No provision to take direct action in default of notice.
Failure to comply with notice is reportable to Magistrates’ Court.
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Standard letter 6
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Serve Section 145 Notice & accompanying letter
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Gate or stile out of repair (offence under S146 of Highways Act 1980).
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Serve notice under S146 of Highways Act 1980.
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If the landowner complies with the notice, he is entitled to recover at least 25% of his costs from the authority.
Repairs can be carried out at the landowner’s expense after 14 days if the notice is not complied with.
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Standard letter 7
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Serve Section 146 Notice & accompanying letter
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Overhanging vegetation which is causing a danger or obstructing use of the path (power to take action under S154 of Highways Act 1980).
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Serve notice under S154 of Highways Act 1980.
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Removal of the vegetation can be carried out at the expiry of the notice and all reasonable costs recovered.
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Standard letter 8
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Serve Section 154 Notice & accompanying letter
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Barbed wire adjacent to highway not across it (power to take action under S154 of Highways Act 1980).
NB. Barbed wire across a right of way would constitute an obstruction and should be dealt with accordingly.
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Serve notice under S164 of Highways Act 1980.
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No provision to take direct action in default of notice.
Application has to be made to Magistrates’ Court to seek authority to remove. Need to consider the likelihood of a successful prosecution.
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Standard letter 9
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Serve Section 164 Notice & accompanying letter
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Misleading signs or notices on or near a public right of way
(Offence under S57 of National Parks and Access to the Countryside Act 1949. Power to take action under S132 of Highways Act 1980 to remove any unauthorised or misleading sign).
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1. Prosecution under S57 of the National Parks and Access to the Countryside Act 1949 or
2. Removal of sign under S132 of Highways Act 1980.
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Magistrates have the power to fine, order the removal of the sign or both.
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Standard letter 10
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Remove sign
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Electric fence without insulated handle (offence under S137 of Highways Act 1980).
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1. Prosecution under S137 of Highways Act 1980 or
2. Removal of fence under S143 of the Highways Act 1980 or
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Regarded as obstruction if not fitted with handle.
S143 requires a period of one month to be given if the cost of removal is to be recharged.
Access is only available over the route of the path.
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Standard letter 11
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Serve Section 143 Notice & accompanying letter if handle not fitted.
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