Section 2 - Communications and Liaison

2.1 District / Borough Councils

2.1.1 Districts as Local Planning Authority

The District / Borough Councils act as the Local Planning Authority for determining all planning applications except for reserved 'County Matters'. The latter includes applications for purposes of mineral extraction or waste disposal. It is the responsibility of the Local Planning Authority to consider the impact of proposed development on rights of way and to use the available powers under the Town and Country Planning Act 1990 to make Public Path Orders (Section 4.7.1) to divert or extinguish affected rights of way where it is necessary to enable such development to be carried out. For more detailed advice on wider Development Issues see Section 11.

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2.1.2 Districts as agents of the County Council

In addition to their powers to make Public Path Orders as Local Planning Authority above, some districts are responsible for the maintenance and enforcement of the rights of way network as an agent of the County Council. They currently do not have responsibility for other Definitive Map work such as investigating Evidential Modification Order applications.

These relationships vary across the county. Currently four Districts/Boroughs have 'full agency', three have 'part agency' and are responsible only for the large urban areas, and three are managed directly by Hertfordshire County Council (HCC). The agency arrangements are currently as follows:

The details of these agreements are being investigated and are subject to change, if in any doubt contact the Rights of Way Unit at County Hall.

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2.2 Contractors

A large majority of work carried out by Rights of Way is achieved through contractors. Hertfordshire County Council has its own 'Contract Regulations' that govern the way contracts should be managed. Guidelines for contract management can be found in Appendix C.

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2.3 Highways

Where a Public Right of Way (PRoW) crosses part of the road network (highways currently recorded in the List of Streets), consideration should be given to notifying the appropriate highways partnership, highways manager or agent of any works to be carried out or problems that may arise. Where works are being carried out this is especially important, as the above have regular meetings in which to schedule works on the highways in their area. These meetings are part of the New Roads and Street Works Act 1991 [NRSWA] regulations to encourage co-ordination between statutory undertakers and minimise disruption due to street works. It is beneficial to both parties that a rights of way presence is maintained at these meetings. All street works are recorded in a register that is maintained on an area basis. Any queries regarding active works, problem sites or other NRSWA issues should be directed toward the appropriate area manager. (See Appendix B).

Other paths on the Definitive Map, outside of the areas listed above (2.1.2), may also be urban in nature (i.e. sealed surface, lighting etc) and may be managed by the appropriate highways partnership or agency. In the first instance, contact the Rights of Way Unit at County Hall.

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2.4 Transport Operators

2.4.1 Railtrack

No work can be carried out on operational railway land without prior agreement from Railtrack. The relevant contact addresses are detailed in Appendix B along with the areas to which they relate.

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2.5 Landowners

Hertfordshire County Council is the landowner for the surface of all PRoW. It is recommended that the underlying-landowners are consulted or at least notified where work on a PRoW may impact on their property. Good relations with landholders is of great benefit to the continued effective management of PRoW in Hertfordshire.

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2.6 Environment Agency

The Environment Agency are responsible for all main rivers in the County. Main rivers are defined by the Water Resources Act 1991 s194(5), the extent of main rivers is also available digitally on GIS (see GEOGIA for more information). The Environment Agency must be notified of any works taking place nearer than 8m to the top of the riverbank [Land Drainage Act 1991 s66]. This also includes any work on defined floodplains (see GEOGIA for more information). If this is the case or if in any doubt, contact John Meekings 01707 632397 who will advise you, and if necessary put you in touch with the appropriate engineer. The Environment Agency need to be asked for written consent for certain works, such as culverting, as they have policies in place to ensure watercourses remain open wherever possible. Further details on works adjoining main watercourses can be found in Section 5.7.

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2.7 Local Access Forums

The Local Access Forum (LAF) meets regularly to discuss ways of improving public access to the countryside in Hertfordshire for open air recreation and enjoyment.

The LAF is an advisory body and in the last twelve months has provided advice to both the County Council and the Countryside Agency on aspects of public access and rights of way matters within the county.

The LAF is also looking to work with other organisations such as the Environment Agency, Chilterns Area of Outstanding Natural Beauty and the Lea Valley Regional Park.

The LAF has twelve members which represent a balance of interests and views from right across the community, including both users and land managers and those with an interest in subjects such as health, tourism, education, and conservation.

Should officers have a need to consult the LAF this can be done by either of the following:

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2.8 The Countryside Management Service (CMS)

Since 1976 the CMS has worked with local communities in Hertfordshire and north London to enhance, and promote enjoyment of, the countryside. Funded by most of Hertfordshire's local authorities CMS works with agencies authorities, landowners, communities and volunteers. The service is organised into four area teams, contact details in Appendix B. The work of the CMS falls under the following three main headings:

All of the access work carried out with, and supported by the CMS is part of the Explore Outdoors campaign and includes

This chapter details two of the main areas of work in which CMS Projects Officers works in close partnership with Countryside Access Officers of the Rights of Way Unit.

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2.8.1 Parish Paths Partnership

What is it?

Parish Paths Partnership (P3) is a national scheme, launched by the then Countryside Commission in 1992. Hertfordshire County Council was one of the first authorities to take on the scheme. By April 2001 67 parish councils, town councils and voluntary groups are signed up to the scheme covering 48% of the Public Rights of Way network.

P3 is administered by the Countryside Management Service for Hertfordshire and Barnet (CMS) on behalf of Hertfordshire County Council (HCC). The scheme is a partnership between the highway authority (HCC), a local council (or local group on behalf of the local council), and in the case of Hertfordshire the CMS.

The partnership aims to give local people the resources and skills to enable them to improve the condition of their rights of way and keep them open and in use.

How does it work?

It works by providing advice and grant aid (100% in most cases), and training to parish and town councils and local groups who wish to take a more active role in improving the access to the countryside through the local public rights of way network.

The P3 Agreement

A three year agreement is signed by HCC and the local council (or group) simply setting out roles and responsibilities of partners.

The P3 Grant

The grant may be used to fund the four main areas of work involved in P3:

Support and Advice

The CMS Projects Officers are available to provide support and training to the parish. This may include site meetings, attending parish council or P3 group meetings, running training sessions, supporting volunteer tasks, answering telephone queries etc. CMS will help P3 groups implement the standards set out in the Good Practice Guide by providing standard specifications for practical works and advice on health and safety issues.

The CMS works closely with Hertfordshire County Council's Rights of Way Unit on all aspects of P3 work. The following protocol sets out this integrated approach to P3 and Rights of Way for CMS Project Officers and Countryside Access Officers:

Link to Protocol for integrated approach to P3 and Rights of Way

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2.8.2 Volunteers

Written permission of the Highway Authority is required for anyone wishing to undertake work on Public Rights of Way. If there is any doubt as to whether permission has been granted, such as through Countryside Management Service (CMS) or Parish Paths Partnership (P3), a letter should be written direct to the highway authority (Rights of Way Unit at County Hall).

There are many voluntary organisations both formal and informal that are keen to help with the maintenance of PRoW. Some have national coverage others are more localised. Over recent years a number of volunteer groups have formed specifically to work on the PRoW network in Hertfordshire. HCC welcomes the work of volunteers consistent with the guidelines below:

A number of criteria have been developed for the authorisation of volunteer groups and individuals to work without staff supervision on PRoW.

CMS will work with and support volunteers who wish to carry out volunteer work on PRoW when resources allow and as long as the work fits in with the aims and objectives of the CMS, fully complies with current Health and Safety procedures and is judged by CMS to be suitable for volunteers. Currently, CMS works with two groups in the Eastern Area, one group in the Northern area, and other groups from time to time. Typical work includes:

Volunteer groups are subject to criteria that are summarised below:

Criteria for authorisation of unsupervised volunteers working on Public Rights of Way

Insurance

All groups working on PROW will be covered by CMS Public Liability Insurance Policy only if:-

Groups should make their own arrangements for personal accident cover especially for volunteers over 65 and under 16 who will not be covered by CMS volunteer insurance.

First Aid

An unsupervised volunteer group must include on site a named appointed First Aider (1 day Appointed Persons at Work Course).

If an unsupervised group is working in a particularly remote location or machinery such as a scrub cutter or brushcutter is to be used, a qualified First Aider must be on site at all times (a qualified First Aider is someone who has attended and passed a 5 day First Aid at Work Course).

A fully stocked First Aid Kit must always be on site.

Safe Working on Site

The following criteria must be adhered to by unsupervised volunteers:

All groups must have a named leader for each task. The leader must be registered with CMS and recognised by CMS as a Volunteer Leader.

Leaders and group co-ordinators must attend a CMS Site Safety and Risk Assessment workshop or an agreed alternative for example BTCV run training day.

Leaders should be encouraged to attend a Project Leadership Training Course run by CMS or an agreed alternative.

Individual volunteers, for example Path Adopters should follow CMS lone working generic risk assessment and be encouraged to attend a CMS 'Adopt a Path' workshop.

For further information volunteer groups should refer to the following:-

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2.9 Police

There are a number of occasions where it may be necessary to contact the local police. This may be for advice, or to alert the police to matters that the County Council has no power to resolve. The relevant contacts are contained in Appendix B, and are cross-referenced where appropriate in the text.

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2.10 British Waterways

British Waterways are responsible for the maintenance and control of certain canals and navigable rivers. In Hertfordshire these are the River Stort, the Lee Navigation and the Grand Union Canal. They are also responsible for the towpaths. In a number of cases these are coincident with public rights of way. In some cases there are additional permissive rights i.e. for cycling. As a general rule British Waterways will undertake all maintenance of towpaths and problems can be passed on to the appropriate engineers (Appendix B). Where urgent work is required HCC can as Highway Authority undertake this but British Waterways should be informed as a landowner.

Officers should also inform the local Water Bailiff, where works are planned. Contact numbers are in Appendix B.

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2.11 Mains Service Providers

Mains Service Providers, also known as statutory undertakers, hold powers in relation to the supply of different services such as water, gas, electricity, telecommunications, waste, water disposal etc. It is important that consideration is given to the location of services, both underground and overhead, provided and maintained by these organisations, when undertaking work. The responsibility will normally lie with contractors where they undertake works on rights of way on our behalf. However, this must be clearly stated as part of the contract specification.

The rights of way unit holds a limited amount of information regarding certain services, for example, information regarding the UK Oil Pipeline. This information affects only limited parts of the County and officers should familiarise themselves with the location of these networks and should notify contractors working in the vicinity. The UK Oil Pipeline, for example, is a high pressure system that is extensively monitored. The British Pipeline Agency responsible for it will probably send an observer for any major works in its vicinity.

The Highways Area and Partnership Offices maintain a list of statutory undertakers, a copy of which can be found in the rights of way unit. More information regarding known networks can be found in Section 5.6.

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