Section 5 - General Maintenance

The County Council as Highway Authority has a duty to assert and protect the rights of the public to the use and enjoyment of the public rights of way network [Highways Act 1980 s130]. This is carried out by the Countryside Access Team within the Rights of Way Unit. The following policy sets out the priority that will normally be applied by the County Council to maintenance of the rights of way network and hence the order in which cases will be dealt with.

The County Council will normally prioritise action on the Public Rights of Way network in accordance with the three key principles. The following exceptional circumstances also apply:

• Where the County Council is bringing a path into a fit condition in connection with adding it to, or recording it on, the Definitive Map.
• Where there is evidence that either the Definitive Map or the Definitive Statement is incorrect.

[Policy 7-Executive Committee-Agenda item 4-29January2001]

The development of this policy is to enable officers to effectively prioritise work on the network. Work programmes will be constructed from information about the condition of the network supported by reports from the public. The level of risk can be measured by the priority rating of any particular problem and subsequent risk assessment following a site visit. [Section 9]. The degree to which the public are prevented from using the route should enable officers to prioritise between cases where a route is completely obstructed and those where only some of the width is unavailable. The overall impact on the network will be for officers to assess how the problem affects not only the path itself but also the surrounding network.

The use of Scaffolding Licences

Anyone who wishes to erect a scaffold on the Highway must have a licence from the Highway Authority, in accordance with Highways Act 1980 s169.

From a Rights of Way perspective a scaffolding licence may be considered, in order to allow works to take place on or adjacent to a Right of Way, without the need for a Temporary Traffic Regulation Order, which would otherwise close the route to the public.

Hertfordshire Highways have a full explanation and guidance for scaffolding licences. However for a quick guide and copies of relevant forms , see below.

Quick guide to Scaffolding licences:

• Officers need to send the applicant a copy of 'Scaffolding Notes and Conditions of Licence'and a 'Standard Scaffold Licence Application Form.' The applicant must complete the application and return it to officers.

• The applicant needs to show indemnity and insurance cover up to £5,000,000

• The applicant has to pay £40 for the first 7 days and then £10 for further 7 day periods.(on lengths of up to 100 linear metres.)

• The applicant has to erect the scaffolding by following the 'notes and conditions of licence' and by refering to a copy of 'Guide to safe erection and dismantling of scaffolding' issued by the Health and Safety Executive via Rights of Way.

When the Officer is happy with the application form and has received payment, they can then transfer the details from the application form onto the 'Hertfordshire County Council Scaffolding and Hoarding Licence.' The licence then needs to be sent back to the applicant, laminated and then displayed on the scaffolding to show that permission has been given.

Hertfordshire Highways scaffolding information - http://www.hertsdirect.org/roadtrans/hh/info/skipscaf/

The Use of Skip Licences

The Highways Act 1980 makes it illegal to deposit a skip on the highway without the Authority's permission (S139).
Hertfordshire Highways have full information on the pocesses involved in applying for the licence.

Link to following sections:

5.1 Widths of rights of way
5.2 Environmental Protection
5.3 Surveys and Inspections
5.4 Clearance of vegetation
5.5 Section 56 Notices
5.6 Checking for other services
5.7 Works adjoining main watercourses