Rights of Way - Enforcement
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PROW Enforcement Policy
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Bath & North East Somerset Council has a statutory
enforcement role relating to Public Rights of Way. The primary duty
is set out in section 130(1), Highways Act 1980:
"It is the duty of the highway authority to assert and
protect the rights of public to the use and enjoyment of any
highway for which they are the highway authority.."
Carrying out this role is one of the most difficult areas of
work for staff, having to balance the rights of the public against
the perceived rights of landowners to use and control their land as
they see fit. Conflict in this area often engenders strong emotions
and thus it is vital that staff have a clear framework within which
to operate.
Below is a link to the Bath & North East Somerset Council
Public Rights of Way Enforcement Policy which is hoped will enable
the Council to fulfil its section 130, Highways Act 1980 duty in a
clear, consistent and fair manner.
It is recognised that the Policy will need to evolve
over time to reflect changes in legislation, agricultural practices
and other factors. The Policy will be reviewed periodically
and comments on how it might be improved are welcome at any
time.