Article: Public Rights of Way - Enforcement Article Body Barnsley Council, the farmer/landowner and the public all have responsibilities to help assert, protect and enjoy the public rights of way network in Barnsley. By working together to comply with rights of way legislation, the 750km of routes within Barnsley should be available for members of the public to enjoy seven days a week, 365 days a year. Sometimes problems occur on routes and the Rights of Way team can be contacted to offer advice, make improvements and where necessary take enforcement action to ensure the public rights of way network in Barnsley remains open and convenient to use. Responsibilities of the landowner/farmer The majority of rights of way within Barnsley cross privately owned land, therefore the landowners/farmers have certain legal responsibilities to ensure that the routes remain open and easy to use. Sometimes confusion can occur as to the classification of routes, where they run and what is legally allowed on a public right of way. This can be a source of great annoyance to both the landowner and members of the public using the routes. The Rights of Way team can offer advice to help remedy any problems, but in some cases the duties of a landowner are ultimately enforceable by law. Ploughing and cropping When it is unavoidable to plough a cross-field public footpath or public bridleway, the landowner/farmer has a legal responsibility to ensure the path is visible and reasonably convenient to use to at-least the minimum definitive width. This must be done within 14 days of the initial disturbance and within 24 hours of any subsequent activity within the annual cycle. This path and its minimum definitive width must be maintained throughout the growth of the crop and any encroachment onto the route must be removed and kept clear at all times. It is illegal to plough or disturb any field edge public footpath, public bridleway or restricted byway at any time. If you require any further information regarding ploughing and cropping, or wish to report an obstructed route, please contact us for advice. Gates and stiles Gates and stiles have been used as a method to secure and stockproof boundaries crossed by a public right of way for many years. Due to recent changes in legislation, some new gates and stiles on rights of way are only allowed to be installed in certain circumstances. These require the permission of Barnsley Council's Rights of Way team. Any stile or gate installed without permission will be considered an illegal obstruction and will have to be removed. It is important that access to the countryside is not restricted unnecessarily to the less mobile and people with disabilities. Advice on gates and stiles can be obtained from the Public Rights of Way team. Bulls and livestock It is an offence under Section 59 of the Wildlife and Countryside Act 1981 to allow any bull of a recognised dairy breed, (Ayrshire, Friesian, Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) to be kept in a field crossed by any public right of way unless they are less than ten months old. Bulls of other breeds are also banned from such fields unless they are accompanied by cows or heifers. Any animal known to be dangerous, no matter what its breed or species, should never be kept in a field crossed by a public right of way. Other obstructions All public rights of way must remain free from obstruction at all times. It is an offence for the free passage of members of the public to be interrupted by any obstruction. These can include locked gates, buildings, domestic extensions, fencing (including electric and barbed wire fencing placed too close to a right of way so as to cause a nuisance), misleading signs, farm machinery, manure heaps, slurry, removal and blocking up of authorised stiles/gates, intimidation, overhanging vegetation, vegetation growing from hedges that obstruct the route, and so on. The Public Rights of Way team has enforcement powers to remove illegal obstructions (claiming any reasonably incurred costs from the landowner/farmer) and to prosecute offenders. Farms receiving payments under the Single Payment Scheme (issued by the Rural Payments Agency) also have to adhere to certain rules and regulations relating to public rights of way, failure to do this may result in reduced subsidies. Responsibilities of the public Members of the public who use public rights of way also have responsibilities to ensure both their own safety and that of the surrounding countryside and the livelihood of landowners and farmers. Be safe, ensure you follow signs and waymarkers. Leave property and gates as you find them. Protect plants and animals by taking any litter home. Ensuring that dogs are kept under close control, allowing your dog to stray from the public right of way may constitute an act of trespass against the landowner. Dogs must be kept on a lead around livestock. Any dog deemed to be worrying sheep could be shot by the landowner. Ensure you stay on the line of the path. Have consideration for other users and landowners. Report any problems/obstructions etc to the Public Rights of Way team. Responsibilities of Barnsley Council The Public Rights of Way team have a responsibility to ensure the public can use the rights of way network within Barnsley. Our main responsibilities are: To maintain the surface of a right of way suitable for its appropriate intended use. To clear excess vegetation (not including arable crops) from the surface of a route. The maintenance of bridges intended for use on a public right of way. To sign any right of way with a non-metalled surface where it leaves the roadside and waymark along the route where necessary. To enforce the removal of obstructions along rights of way that are found or reported in to the team. Where obstructions have been identified, a statutory time frame may have to be employed to allow for its removal before formal enforcement action can be taken. This can vary between 24 hours and 28 days depending upon the type of obstruction. The penalty for non compliance could include removal of the obstruction, with reasonable costs being recovered from the offender and, in some cases, prosecution could be applied for. Contact details If you require any further advice or wish to report an illegal obstruction on a route, please contact the Public Rights of Way team:- by emailing publicrightsofway@barnsley.gov.uk by telephone on 01226 772142 by writing to Barnsley Metropolitan Borough Council, Public Rights of Way, Environmental Services, PO Box 601, Barnsley, S70 9FA We are committed to providing a good quality service to our customers and have published a service standard document that sets out what you can expect from our service, our response times and how you can provide us with feedback on how well we are performing.