Enforcement procedure for cropping or ploughing [s134 and s137A HA80]

The County Council will take enforcement action to ensure that landowners meet their statutory obligations under the Highways Act s134 (Ploughing) and s137A (Cropping) [introduced by the Rights of Way Act 1990]. The procedure below is supported by current policy in the Statement of Policies and will be followed by Public Rights of Way staff unless there are extenuating circumstances.

Upon receipt of a complaint, the details will be entered into the Public Rights of Way database and an acknowledgement sent to the complainant. It is recommended that photographic record of the offence and a comprehensive file note/report be placed on the relevant file throughout the proceedings.

Initial 14 day period

The right of way will be inspected by a Countryside Access Officer [the Inspecting Officer], to determine whether or not the route is convenient to use without undue interference (notes below), and that the line on the ground is apparent to those wishing to use it. If the right of way requires clearing or reinstatement, the Inspecting Officer will contact the occupier of the land to advise them of their obligations, and to request remedial action within 14 days. Photographs should be taken as evidence.
The details of any meeting will be confirmed in writing, along with an explanation of the County Council's policy regarding disturbance of, and/or the ploughing and cropping of a public footpath or bridleway. In certain instances, at the Inspecting Officer's discretion, the letter may be served in person upon the occupier by the Inspecting Officer. The letter will reaffirm the request for the public right of way to be reinstated and to clarify any points raised previously.
The landowner has the right to apply for an extension of up to 28 days to this period, this should be applied for and agreed in writing before the end of the 14 days. The County Council accepts that the need for an extension often only becomes clear during the course of the work, in which case the landowner should immediately contact the relevant rights of way officer. A landowner may be asked to confirm the request in writing. Officers have the discretion to decide what is reasonable in the circumstances. There is no means of appeal against refusal to grant an extension, the landowner remains liable to meet the requirements of the Act until an extension has been granted.
The Inspecting Officer will inspect the rights of way after the 14 day period has ended to ascertain whether or not the required works have been completed.

If the work has been undertaken to the satisfaction of the Inspecting Officer, a letter is to be sent to the occupier of the land thanking them for their co-operation.
If some of the work has been undertaken, but not completed to the satisfaction of the Inspecting Officer, proceed to 6. Photographs should be taken as evidence.
If no works have been undertaken, proceed to 6. Photographs should be taken as evidence. To assist in obtaining accurate photographic evidence, two Officers should be present. One to photograph the specific problem points, whilst the other will position themselves on the right of way with a width marker so that the offence will be apparent in the photograph.

Subsequent 14 days notice

The Inspecting Officer will write to the landowner again setting out their obligations, and including a 24 hour Enforcement Notice. In the case of (b) above the letter should include details of what further remedial works are required. The 24 hour Enforcement Notice will set out the County Council's intention to take direct action and recover costs if reinstatement works are not carried out within the specified period. The specified period will normally be between 7 and 14 days, enabling the Inspecting Officer to arrange for a contractor to carry out the works. The Notice will contain the following:

That the County Council intends to enter onto the land to carry out the necessary reinstatement work.
The earliest date and time that the work will be undertaken.
The nature of the work, and the equipment to be used.
The lines of access which will be used.
The final date by which the occupier can complete the work and inform the Inspecting Officer without being liable to incur any costs. It is proposed that this time limit be 4.00 p.m. two working days prior to the enforcement action being carried out.
The Inspecting Officer should advise the occupier that the reinstatement work by the County Council will only be cancelled subject to:-
1. the work having being carried out to the satisfaction of the Inspecting Officer, and
2. the Inspecting Officer advised by 4.00 p.m. two working days prior to any enforcement action being carried out.

The Inspecting Officer will provisionally arrange a contractor to carry out the reinstatement work, with confirmation being given the day before the works are to be undertaken (notes below). If the Inspecting Officer is of the opinion that the proposed works may cause a breach of the peace, then subject to discussing the matter with the Principal Rights of Way Officer or the Countryside Access Team Leader, the local police should be advised of the proposed course of action and be requested to attend. Once a contractor has been arranged, a final letter should be sent to the landowner detailing on which day direct action will take place.
A final inspection of the right of way will be undertaken the day before the enforcement works are to be carried out to ascertain whether or not the work has been completed and the County Council not informed. In the event of the works having been completed and the County Council not informed, any costs which have been incurred will be recovered from the occupier of the land.
On the day of the enforcement works, the Inspecting Officer will meet the contractor (and the police if requested) at a point reasonably close to the site where the works are to be undertaken. This will not be at the ends of the right of way, nor at the premises of the landowner concerned. This will allow the Inspecting Officer to brief the contractor and the police. The Inspecting Officer will brief the enforcement team and, if present, provide the police with copies of the appropriate information should they request it. The following will be made available: -

A certified copy of the Definitive Map and Statement relating to the right of way in question.
Copies of the enforcement notice(s).
Copies of all other relevant correspondence, especially the final letter regarding entry onto the land and the carrying out of the remedial works.

Once the briefing has been completed, the contractor will proceed to the prearranged access point while the Inspecting Officer and the police, if present, visit the occupier of the land to inform them that the works are to be carried out. The contractor will not enter onto the land or commence any work until authorised to do so by the Inspecting Officer.
Upon commencement of the works, the right of way will be marked out under the supervision of the Inspecting Officer to provide the contractor with adequate guidance. In addition to the line of the right of way being marked, the maximum width will also be indicated by a series of markers such as surveying poles or canes. In all instances where the County Council or its contractors carry out the reinstatement work, they should seek to reinstate to the maximum widths stated in the legislation unless a greater width is recorded in the Definitive Statement.

Status	Minimum width	Maximum width
Cross-field footpath	1.0m	1.8m
Field-edge footpath	1.5m	1.8m
Cross-field bridleway	2.0m	3.0m
Field-edge bridleway	3.0m	3.0m
Other unsurfaced highway (RUPP or BOAT)	3.0m	5.0m
Widths as stated in Rights of Way Act 1990

The works will be monitored by and supervised by the Inspecting Officer at all times with particular attention being made to the correct width. In the event of any threat of violence, the contractor should leave the site immediately and the Inspecting Officer should liaise with, and follow the advice of the Police Officer present.
Upon completion of the works, a letter and account will be forwarded to the occupier of the land who will be recharged all reasonable costs incurred.
At whatever stage the problem is resolved, the complainant should be informed that the right of way is now clear from obstruction. The actions should be recorded in the database and the case closed.

Second or subsequent offences

Second or subsequent offences will be dealt with using the above procedure. The Inspecting Officer shall determine whether the occupier responsible for this offence has been contacted previously for a similar offence, although this may not necessarily be for the right of way which is the subject of the current complaint.

A second offence will result in direct action being taken. Prosecution will normally only be considered after a third offence.

General guidance on remedial works

Reasonably convenient

The Highway Authority must make the decision as to what constitutes 'reasonably convenient, otherwise a consistent approach will not be possible. The decision will be made by the Inspecting Officer, after taking into account

the weather conditions at the time of the inspection
the nature of the land (soil structure)
the agricultural practices being undertaken
the potential amount of use that the public right of way will receive.

Reinstatement of a public right of way by means of enforcement action

The following is provided as guidance to the Inspecting Officer as to the steps to be taken by the Highway Authority. Individual contractors will know what equipment they have available to carry out the necessary reinstatement work.

After any disturbance to the surface of the right of way, the occupier must ensure that the total length of the right of way must be clearly marked on the ground and reasonably convenient for use to at least the minimum width stated in the legislation or the width stated in the Definitive Statement.

The Inspecting Officer must make the decision as to what constitutes 'reasonably convenient' for each specific case.

If the surface of the right of way is not clearly marked and reasonably convenient (usually when a root crop is involved) careful consideration must be given to the reinstatement method to be used. Much will depend upon the nature of the surface, ground conditions, and weather conditions.
A mini tractor and roller may be adequate. If using machinery, great care must be taken to ensure that the public right of way is not reinstated to a greater width than the maximum width stated in the legislation or the width stated in the Definitive Statement.
In circumstances when it is difficult to undertake reinstatement, because of adverse conditions, the option of prosecution should be considered in lieu of reinstatement works.
If the surface of the right of way is considered to be reasonably convenient, but is not clearly marked, the right of way is to be marked using wooden posts or canes.
The reasonable costs of any works carried out by Highway Authority will be recharged to the occupier of the land.