LC WEEKEND 2014

1. LC WEEKEND 2014 ENFORCEMENT

2. ENFORCEMENT • HA1980 Section 130A(1): Forms 1 – 4. • Application to the Magistrates’ Court. • HA1980 Section 56 Notices. • Single Payment Scheme / Environmental Stewardship Scheme

3. Maintaining the Network Enforcement most effective if used in context of Maintaining the network: • Encourage walking of footpaths – abuse less likely if well used. • Free Parish footpath maps. • Simple spot maintenance. • Engage with Farmers and Landowners. • Liaise with Area Footpath Warden.

4. Try to anticipate problems..... • Keep a photo record of key features – eg : Squeeze gates. • Photograph existing paths next to any new development. • Be alert to changes in land ownership. • Remind farmers and ploughmen of PROW.

5. Hamstone Squeeze gate.

6. Try to anticipate problems..... • Keep a photo record of key features – eg : Squeeze gates. • Photograph existing paths next to any new development. • Be alert to changes in land ownership.

7. If you hit a problem.......... • [Approach Landowner directly to explain issue.] • Log obstruction on InterActive map/Talk with Area Footpath Warden to see if he can resolve. • [Get Parish Council involved.] • Complain to Chief Executive, reminding of HA’s powers to remove obstruction [HA1980, Section 143].

8. If you hit a problem.......... • Try to get Ramblers and other walking groups to support your complaint

9. Nota Bene ! • If you have to take subsequent Court action, you are likely to be challenged on how you tried to resolve the issue prior to such Court action. • Keep a record of actions, dates and any supporting evidence.

10. Enforcement • Submit Form 1: - Must be a PROW. - Without lawful authority. • See Note 4 – Obstruction may be a structure, agricultural machinery, a fence, surface deposit, or overhanging branches; cannot be a building, used for habitation, or a person !

12. Rockery and excess gravel on footpath surface

13. Highway Authority response: • Issue Form 2 to landowner/named person : • Within 1 month of date of Form 1. • Identifying person HA believes is responsible for obstruction. • Stating what action it intends.

14. Form 2 Form 2

15. Highway Authority response: • Issue Form 3 to originator of Form 1: • Naming all recipients of Form 2. • Stating what action it intends.

16. Breezeblock wall across footpath !

17. Form 3

18. Adding Pressure on the HA.... • Multiple Form 1s. • Letter/Article in local press. • Complaint from Parish Council. • Parallel action from RA ? If still no action, then after 2 months serve Form 4

20. Magistrates’ Court Application • Critical Point in Enforcement process: Hitherto YOU have been driving the process. Once submitted, the Law runs its course. Factors to be considered: • Are you acting in individual capacity or as an OSS LC ? You MUST get OSS agreement if acting as LC. • Legal Representation ? • Witnesses available in support ?

21. Can You Accept Financial Risk ? • £200+ charge to lodge MC application. • You are taking the HA to court, but the Landowner can involve himself as “Interested Party”. • Imbalance of resource ? QC in opposition ? • Solicitors may agree “No Win, No fee” basis. • In my case, costs of £10,000 awarded against Somerset County Council.

22. Magistrates’Court You must prove [ HA1980 Section 130(b)(4)]: • Obstruction is one to which Sn 130 A applies. • The way obstructed is a highway within S/S 2. and • The obstruction significantly interferes with the public’s right of way.

23. Moving the Goalposts Gateposts Initially pedestrian and vehicle gates locked; walkers had to request on intercom for access through pedestrian gate. Vehicle gates remotely operated through zapper or code.

24. Moving the Goalposts Gateposts After Somerset CC prosecution resulted in order to remove remote controls, all gates theoretically opened by hand, but in practice often unopenable.

25. Moving the Goalposts Gateposts After success in Magistrates’ Court, Vehicle gates permanently open pending appeal to County Court.

26. Higher Court Action • SCC gave me written assurance that I would not be involved in any further court action – Not true ! • Landowner appealed to Crown Court – lost; further appeal to High Court – lost; unable to appeal further. • Courtesy of Kate and OSS, represented by George Laurence QC – you can do no better !

27. S130 - Summary • Issue of Form 1 gets HA’s attention, but build up to it rather than “coming out of the blue”. Process is simple, easy, effective and confidential. • Issue of Form 4, with implicit threat of legal action, should leave HA in no doubt of seriousness. • Magistrates’ Court application is further escalation, which carries implicit, but limited , risk.

28. HA 1980 Section 56Highway Out of Repair HA 1980 Sn 41 – HA has “ duty to maintain.” In Repair: • “....in such repair as to be reasonably passable for ordinary traffic... At all seasons of the year” [1859]. • “....in such a state as to be safe and fit for ordinary traffic” [1880].

29. Out of Repair !

30. HA 1980 Section 56 – Counter Notice. To be served on the Complainant within 1 month of date of S56. If HA fails to do so, Complainant may apply to Crown Court for an order.

31. CROSS COMPLIANCE Single Payment Scheme: • Statutory Management Requirements. • Good Agricultural and Environmental Conditions. Condition 8 of GAEC requires compliance with rights of way law. Breaches of GAEC reported thro’ HA to RPA, but SCC has dismissed as “too difficult”.

32. Environmental Stewardship Scheme • To qualify for Higher Level ESS grant, landowner must allow any existing informal public access to continue.

33. Questions Welcome !