Rights and responsibilities

1. Users responsibilities

A right of way gives users a right to pass and re-pass along a route and to deviate around any obstruction they may come across. Any other use on private land may be trespass unless you have the permission of the landowner or some other right to be there. Users of rights of way should follow the Countryside Code that reads as follows:

• Be safe - plan ahead and follow any signs
• Leave gates and property as you find them
• Protect plants and animals, and take your litter home
• Keep dogs under close control
• Consider other people
• Walkers should be prepared to wear boots or wellingtons in poor weather as paths can become very muddy.

2. The County Council's responsibilities

Maintenance

Maintaining path surfaces, including controlling natural vegetation and keeping them free of obstructions.

This Council carries out an annual clearance programme for many field-edge paths.

Signposting paths where they leave a metalled road and also waymarking where they are difficult to follow.

Installing and maintaining bridges over natural watercourses, such as streams and ditches.

Enforcement

Many Acts of Parliament cover rights of way but the principal one is the Highways Act

– drawn up in 1959 and updated in 1980. Public rights of way are effectively minor highways and the legislation mainly relates to obstructions, and failure to maintain. Legislation also exists to protect the public from such issues as misleading signs, dangerous animals and intimidation.

3. Landowner and Occupier responsibilities:

• Not obstructing paths including the placing of plain, barbed or electrified wire across them and warning users of any potential dangers near rights of way
• Keeping hedges and other overhanging or encroaching vegetation cut back
• Not ploughing or disturbing field edge paths
• Only ploughing cross field paths where they cannot be reasonably avoided
• Within 14 days of ploughing/cultivation, restoring paths that cross fields so that they can be seen and are usable
• Ensuring stiles and gates on their land are in good order
• Not erecting any new stile, gate or other structure on any right of way without the County Council's authority
• Following rules relating to bulls – i.e. to not allow any dairy bull over ten months of age to be at large in any field through which a public right of way passes
• Provide adequate bridges where new ditches are made or existing ones widened
• Landowners and farmers may shoot on their land but not in such a way as to endanger the public using a right of way.

Dairy Breeds are: Ayrshire, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
All other breeds of bull are allowed, but must be accompanied by cows or heifers.

Dairy| gif image, 18kb    Beef| gif image, 19kb

4. District and Borough Councils

These Councils do have powers and responsibilities relating to rights of way and these include planning, dog fouling, fly tipping and litter.

Litter and fly tipping clearance from the surface of public highways is their responsibility under the Environmental Protection Act 1990. Landowners are responsible for removing litter from their own property whoever put it there.

These Councils in co-operation with Bedfordshire Police are also responsible for dumped cars.

Planning

The District Councils within Bedfordshire are responsible for administering planning applications. Where these effect public rights of way, they consult with the County Council.

From 6 April 2008 there will be a mandatory standard planning application form and associated information requirements. The application form will require applicants to provide details of public rights of way to ensure they are considered at the start of the planning process and allow the local planning authority to assess whether a proposal might impact on public rights of way.

Bedfordshire County Council is responsible for minerals and waste matters.

Bedford Borough Council| (opens new window)
Mid Beds District Council| (opens new window)
Luton Borough Council| (opens new window)
South Beds District Council| (opens new window)

Other Councils – Parish (and District) Councils can also get involved in the maintenance of and improvements to the rights of way in their parish and usually do so via our P3 scheme. P3 / Getting Involved Officer: Steve Halton (01234) 228426 or email steve.halton@bedscc.gov.uk|