Rights of way improvement plan 2020 to 2030

Buckinghamshire’s public rights of way network is highly used and in high demand. Most resources are therefore used to maintain the network to as high as standard as possible and to ensure public safety.

Resources for maintenance have reduced since the first ROWIP and volunteers and parish councils now have a greater role in maintaining the network.

Some maintenance is the responsibility of the council and some is the responsibility of landowners. A summary is shown below, but this is not exhaustive.

We are responsible for:

• keeping the surface fit for public use
• clearing surface vegetation
• making sure obstructions are removed
• maintaining steps and some bridges
• contributing to landowner costs for replacing gates and stiles for controlling livestock
• signage where a public right of way leaves the road and waymarking along the routes where needed

Landowners are responsible for:

• reinstating and clearing paths crossing arable land
• cutting back trees or hedges overhanging the path
• keeping the route clear of obstructions
• not ploughing or cropping field edge paths
• installing and maintaining gates and stiles for controlling livestock
• providing bridges if the need arises from the action of a landowner, e.g. widening a ditch

Landowners and managers are vital partners in the maintenance of public rights of way.

There is a farming representative on the Local Access Forum and a place will always be available. To help landowners with their duties the Rights of Way Service provides free advice on their rights and responsibilities:

• waymarking signs are provided
• materials are also provided for the removal of structures on paths

The Rights of Way Service will regularly update landowners on seasonal requirements, for example hedge cutting, ploughing and cropping and responsibilities around highway ditches.

Overgrown vegetation is the highest concern of the public and parish and town councils. Overgrown paths reduce the pleasure of using public rights of way and may be a barrier for some users, especially people who are less mobile or have visual impairments.

Keeping paths clear is a challenge faced every growing season. This is carried out through delivering an annual clearance schedule for paths.

Many parish and town councils have some responsibility for clearing vegetation under devolved arrangements.19 This can lead to confusion for the customer and a variation in standards. To ensure the council delivers the best service the clearance schedule will be kept up to date and information published on devolved arrangements.

Stiles are allowed where they are needed to control livestock. However, they often create difficulties for less mobile people and, if poorly constructed, the able bodied.

The public survey showed that removing stiles is a high priority for a wide range of people, not just those with a disability.

Since the first ROWIP, 1,864 stiles have been removed.

This has made the rights of way network much easier to use for many people. The scheme has been supported by private funding through the Chiltern Society’s ‘Donate-a-Gate’ Project. There is a similar scheme run by the Ramblers’ Association in north Buckinghamshire.

The council will negotiate with landowners to remove stiles where they are no longer needed. Where possible, the council will provide landowners with gates to replace stiles and support them to improve the standard of those which remain. Structures installed to control livestock through Public Path Orders will need to meet British Standard BS5709: 2018.

Removal of stiles and other structures around the urban fringe will also be prioritised. Gates can also create difficulties and hazards for both horse and rider, such as those in poor repair or not meeting recommended standards. Where funding allows, the council will make sure any existing equestrian gates conform to BS5709: 2018.

Many public rights of way cross arable land. Paths crossing fields should not be ploughed but, if this cannot be avoided, the landowner must make sure the path is levelled and clearly marked within two weeks.

The right of way must also be kept clear through the crop.

Rights of way following the edge of a field (headland) must not be ploughed under any circumstances. The council will work in co-operation with landowners to make sure they are aware of their responsibilities. However, enforcement action might be needed in some cases if duties are not carried out.

The council receives many approaches from landowners and farmers wishing to separate the public from agricultural stock or horses, or simply to avoid walkers straying off the path.

This often creates a less pleasant experience for users. They may feel hemmed-in and not be able to skirt around muddy or wet surfaces. Paths may often become overgrown due to hedges alongside the paths.

To lessen these negative impacts, and where no width is recorded in the definitive statement, the council will insist on a clear 2m width along footpaths and 4m along bridleways. This will increase by a further 1m where hedge growth is likely to restrict users even further.

Barbed wire alongside a right of way can be a hazard to users. The council would strongly prefer it was not used but, if it is essential, it must not be placed so that it can injure people or animals using the path. It must never be fixed to fence posts on the path side of the fence; it must always be on the field side.

Most paths are unsurfaced and, usually, this is suitable for users. Surfacing is more often needed for routes used for walking or cycling to work or school, where 2m wide bitumen is most appropriate for walking and 3m for shared walking, cycling and horse riding.

Surfacing is largely beneficial provided the material used is not detrimental to other users. Horse riders prefer more forgiving surfaces than hard bitumen (which can be slippery for horses). Flexi Pave or bound rubber-crumb surfaces will be considered if new routes are to be used by horses, or the provision of grass verges.

There are 2,357 bridges on the rights of way network.

All bridges are inspected for safety on a rolling programme and any defects scheduled for repair.

Wherever possible, when replacing old bridges, widths on footpath bridges will be increased to a minimum 1.2m for footbridges and ramps installed to replace steps to improve inclusive access

Motorised vehicles can use BOATs but may not use other types of public rights of way.

To do so is an offence. In the interests of safety, some rights of way may need to be managed through Traffic Regulation Orders to prohibit use for a set period of time.

The council will continue to work with organisations representing motorised vehicle users to limit conflicts between users and help keep routes in good condition.

The environmental impact of maintenance activities will be minimised:

• major vegetation clearance during the bird nesting season will be avoided
• before carrying out major work, checks will be made for the presence of protected or vulnerable species (for example, at protected Sites of Special Scientific Interest)
• checks will also be made with council teams to protect buried archaeology (for example, at Scheduled Monument sites)
• sustainable materials with a longer lifespan will be sourced where possible.
• when carrying out bridge work, checks will be made to ensure compliance with the Land Drainage Act 1991 and to support our aim to improve flood resilience
• we will work with partners to help address and manage issues which may result from high levels of use at sensitive sites

Contractors working on the council’s behalf will also be expected to minimise environmental impacts.

Negotiation is the preferred option to resolve issues. However, sometimes enforcement is needed to protect the rights of the public.

Enforcement action will be prioritised using the management matrix (see page 22) which will be applied consistently using the council’s adopted enforcement policy. A ‘Scheme of Delegation’ provides Rights of Way Officers with the authority to take direct enforcement action through enforcement Notices.

The police will be alerted to illegal activities where necessary or asked to attend site to protect officers when carrying out enforcement action. Where appropriate the council will work with waste enforcement and planning enforcement teams.

If you notice something that needs attending to, you can report a problem on a right of way.

To achieve our aim to protect the network and maintain it in the best condition possible, prioritising safety and areas of greatest need and seeking improvements where possible (LN1), we will:

• Review the management matrix so that it aligns more closely with Buckinghamshire’s priorities, helps target resources more effectively and provides the public with realistic timescales to resolve issues (LN1.1)
• Adhere to and monitor performance against the timescales set out in the management matrix, reviewing outstanding issues on an annual basis. Periodically publish performance figures to the Local Access Forum (LN1.2)
• Publish the council Enforcement Policy, take enforcement action against illegal actions, work with enforcement partners and recover costs (LN1.3)
• Ensure effective and efficient working through delegating powers to officers to deliver functions, including serving enforcement notices (LN1.4)
• Support landowners through providing advice and information, waymarking materials and assistance for materials for removing structures (LN1.5)
• Work with National Trail Partnerships to ensure high quality maintenance (LN1.6)
• Ensure high standards of environmental protection in carrying out maintenance work (LN1.7)

To achieve our aim of improving our understanding of the network, its assets and its condition (LN2), we will:

• Carry out an annual survey of the condition of 5% the public rights of way network (LN2.1)
• Improve understanding of the condition and value of the assets on the network, update the record of assets in the CAMS database and work towards implementing an asset management system to forward plan budget requirements (LN2.2)
• Work with partners and volunteers to survey the condition of promoted routes (LN2.3)