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.