ENFORCEMENT POLICY and
PROCEDURE
PUBLIC RIGHTS of WAY
Countryside Access Service
2010
“Our duty is to protect and assert the right of
the public to use and enjoy the Public Rights of
Way network.”
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Equality and Diversity Statement
KCC is committed to the principles of equality and diversity as well as the elimination of
discriminatory practices. These principles apply to the treatment of all individuals
whether members of the public, PROW officers, other KCC staff or volunteers.
This document together with any supporting procedures should be implemented in a
non-discriminatory manner. Members of the Countryside Access Service administering
the policy are responsible for ensuring that in its application, those to whom the policy
applies shall not receive less favourable treatment because of their age, colour,
disability, ethnic or national origin, gender re-assignment, marital status, nationality,
race, religion, sex or sexual orientation.
Responsibility
The PROW Service Delivery Manager is the owner of the PROW Enforcement Policy
and Procedure and is responsible for ensuring it is implemented and for referring any
proposed changes to the Procedure through the corporate decision making process for
agreement.
Copyright
The information contained in this document has been compiled and presented for
enforcement purposes and sole use of Kent County Council Countryside Access Service
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Contents Page
1. About this document 4
2. PROW Enforcement Policy 5
3. Enforcement Procedure 9
4. Identifying Landowners and Occupiers 14
5. Referral to the Rural Payments Agency 16
6. Requirements of statutory provisions 17
7. Witness statement, Photographs and 19
Definitive Map Extracts
8. Recharging direct works 21
9. Taking Direct Action 23
10. Pocket Note Books 26
Appendices
A. Enforcement Case Referral Form 29
B. Request for Information Forms
1) s297 Highways Act 1980 31
2) s16 of the Local Government (Miscellaneous 35
Provisions) Act 1976
C. Cross Compliance Referral Form 37
D. Formal Notices and Notifications 39
E. Example Witness Statement 51
F. Record of resources used in carrying out 55
direct action
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1. ABOUT THIS DOCUMENT
The original Enforcement Protocol and Practice document as approved by Members on
the 12th July 2005, outlined enforcement procedures and examples of practice; including
blank documents/forms for use by Officers when escalating enforcement cases.
This document and its operational amendments serve to update the 2005 Enforcement
Procedure and Examples of Practice Document.
This document provides the primary source of guidance for officers
pursuing enforcement action and any subsequent case referrals; and will
ensure that Public Rights of Way enforcement is carried out in a fair and
consistent manner across the County.
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2. PROW ENFORCEMENT POLICY
2.1 The Public Rights of Way Officers (Countryside Access Service) carry out the
duty to enforce the provisions within current legislation in respect of public
rights of way on behalf of the County Council.
The overarching duty is to safeguard the right of the public to the use and
enjoyment of the public rights of way network that is of value:
For utilitarian purposes, important in allowing people to go about their every
day business.
Recreational purposes, benefiting the health and well being of the public and
of value to the tourist industry in Kent and the South East; being an important
element in the support of many small local businesses.
2.2 Enforcement is carried out in a number of ways:
Provision of advice for landowners/occupiers.
Investigation of reports of obstruction, encroachment and nuisance in line with
statutory duties and stated priorities for action.
Working with partner organisations in the provision of information/ evidence
which allows for the effective delivery of their duties e.g. Police, Health and
Safety Executive, Planning Authorities.
Targeted enforcement campaigns, based on a need to deal with common
breaches of specific legislation within a local area.
In our enforcement work we recognise the need for:
Courtesy: towards all those we deal with
Consistency: in our investigation of cases and interpretation of the law
Confidentiality: both to those reporting offences and those who are subject to
investigation, as described under the Data Protection Act 1998.
Impartiality: in dealing with all our customers
Balance: between the infringement and the course of enforcement action
chosen.
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Protection of the PROW network and the resolution of infringements
demand a three pronged approach.
Prevention: By far the most effective means of protecting the PROW network for
public use is by the prevention of transgressions. This is achieved in several
ways,
Provision of free advice for landowners.
Publication of leaflets dealing with key elements of legislation.
Conciliation: Land ownership and use can change rapidly. It is recognised that
many cases of infringement occur as a result of ignorance of the requirements of
the law or the whereabouts of Public Rights of Way on the part of the landowner /
occupier. The workload of individual officers may also demand a pragmatic
approach be taken. For these reasons officers initially seek to resolve the
majority of cases through conciliation prior to formal enforcement being pursued.
Formal Enforcement: Enforcement matters may be concluded in a number of
ways. The decision to pursue enforcement and the nature of the action to be
pursued should be made after two key elements have been considered.
Can the evidential requirements of the legislation covering the reported
offence be met in full?
How the public interest is best served? The primary aim of enforcement is to
have the public right of way open and freely available for the public.
The proportionality principle set out within the Government’s Enforcement
Concordat will be taken into account when deciding which course of action to
pursue: “The action pursued should be balanced, reasonable and
commensurate to the scale of the offence.” The Enforcement Concordat
was signed in 1998 by all local and national enforcers.
Consideration will be taken of the following factors when determining the
appropriate course of action:
Whether the person committing the offence had any previous warnings or
criminal record.
Whether the evidential requirements of the legislation breached can be met in
full
The likelihood of the Courts to fine on conviction at the upper end of the
scale for the offence.
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Decisions taken in enforcement cases should be balanced, rational and robust in
the face of scrutiny.
The following avenues are available when pursuing formal enforcement.
Formal Notice: This should be served as a prerequisite of enforcement action in
all cases where conciliation has failed to resolve any infringement of PROW
legislation.
Warning: Where a matter is resolved on receipt of a Notice the responsible
person may be warned as to their future conduct and responsibilities in respect of
PROW.
Caution: Where the evidential requirements can be met for a particular piece of
legislation but it is not considered that it is appropriate to bring a prosecution the
offender may be offered the option of a caution by the Enforcement Officer. Non
acceptance of the offer of a caution will lead to the matter being placed before
the courts.
Prosecution: Where an infringement is serious in nature, the offender has
previously been prosecuted or cautioned; or the offence is commonplace and the
focus of enforcement action, prosecution will be pursued. Prosecution will be
pursued in accordance with the code for Crown Prosecutors under section 10 of
the Prosecution of Offences Act 1985.
As a prosecuting authority the investigation of PROW offences will be conducted
within the spirit of the Police and Criminal Evidence Act 1984, as amended 2007,
and with due regard to the Human Rights Act 1998.
Direct Action: In many cases of PROW infringement direct action should be
considered along with other forms of enforcement action. This way the path is
made available to the public without the inevitable delays associated with court
action. In all cases where direct action is pursued the full costs of that action
should be reclaimed.
There is an ongoing commitment within the PROW Service to the provision
of training for officers to enable them to fulfill their roles in respect of the
protection of the PROW network
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Table 1 - Statutes requiring enforcement by the PROW Team
National Parks and Access to the Countryside Act 1949
Highways Act 1980
Wildlife and Countryside Act 1981
Public Rights of Way Act 1990
Countryside and Rights of Way Act 2000
Schedule 16 Local Gov Misc Prov Act 1976.
Table 2 - Statement of Priorities for Enforcement Cases
Obstruction by development that would result in the irredeemable loss of a
PROW
e.g. Obstruction by development in the absence of an appropriate Order for
the extinguishment or diversion of a route.
Removal of new, recent obstructions of a permanent nature
e.g. Obstruction by a fence or ditch.
Offences which carry a time constraint
e.g. crops/ploughing
Offences of nuisance
e.g. Deposition of filth, dirt, lime or barbed wire beside a path.
Resolution of long standing obstructions in line with the priority accorded within
the County Council schedule of known long-term obstructions to the PROW
network. The schedule is prioritised on the basis of, severity of the infringement,
value of the path to the local network, absence of an alternative route (including
minor diversion on a permissive basis on land within the same ownership). The
likelihood that resolution will be achieved within a reasonable time period.
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3. ENFORCEMENT PROCEDURE
Enforcement is a key element in the role of Public Rights of Way Officers.
The prosecution of an individual is a serious business and demands the same
level of professionalism as would be expected of other enforcement agencies
such as Trading Standards, Environmental Health or the Police. It is also
important that PROW Officers achieve the same levels of professionalism as
other groups carrying out enforcement within the County Council.
Stage 1: Review the path file
On investigating any report, however generated, the path file should be reviewed
as a first step. The key elements officers should be seeking to establish are:
Any Health and Safety Issues (violent offender, construction site etc)
History of obstruction, nuisance or other offence.
In the case of an obstruction that is of longstanding and deeply involved, a
review of the case file should be undertaken with the Enforcement Officer at
an early stage and an objective decision reached as to how to progress the
case.
Stage 2: Establish the offence
It is essential that in all cases a site inspection be carried out. A written record of
the site inspection must be made in the officer’s notebook either at site or as
soon after leaving site as is possible.
Best practice for the keeping of enforcement notes must be followed. The key
elements for the offence should be noted i.e.
Date – Time – Location
Is the path a highway for which Kent County Council is the Highway Authority?
Is the offence on or over the highway or part of the highway?
What is the nature of the obstruction or nuisance, a detailed note will help
identify the relevant Act and section.
Note the taking of any photographs and where they were taken from.
Note as accurately as possible any conversation with the landowner/farm
worker including where possible contact details.
Stage 3: Conciliation
Conciliation is an opportunity to rectify a situation without recourse to the Courts
or Direct Action. It is not an opportunity for negotiation or protracted discussion.
Conciliation may be by any means considered appropriate by the PROW Officer,
however, every effort should be made to meet up with the landowner/occupier.
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Where a good relationship exists between officer and landowner a telephone
conversation or a personal visit may well suffice. Conciliation could also be by
means of a formal Notice with the knowledge of the Enforcement Officer.
An Officer may have to justify the issuing of a Notice before the Court or other
Inquiry.
However conciliation takes place, the following elements must be established:
An offence has been committed, and the nature of the offence.
The action required to bring the highway back to the required standard.
The time scale within which the landowner must act.
That in the event that the action requested is not completed within the
timescale given, that the matter will be pursued.
Accurate records of any contact must be made at the time of that contact (ideally
in the PROW Officers note book).
Stage 4: Re-inspection
On re-inspection if the offence is found to be continuing, a further note and
evidence should be gathered as at stage 2. At this point the offence should be
reported to the Enforcement Officer.
If the requested action has been taken contact should be made to confirm the
necessary work has been completed and to offer any advice that may be relevant
in respect of future conduct, farming practice etc.
Stage 5: Case Review
The Area Officer and Area Manager will review the case file. Where records are
poor or incomplete or the evidential requirements of the appropriate Statute have
not been met, the matter must be addressed quickly by the Area Officer. The
Enforcement Officer can be requested to attend the case review at the discretion
of the Area Manager. Guidance will be given as to which elements need to be
strengthened or what evidence needs to be gathered before the case may be
progressed further.
Where the case review indicates an intractable or involved problem the
Enforcement Officer will place the matter on the Enforcement Schedule for
resolution. It is envisaged at this stage that only one case per area from the
Enforcement Schedule will be dealt with at any one stage given the involved and
therefore time consuming nature of the work involved.
Where a case is accepted for further action it may be appropriate at this stage to
make the person responsible for the offence aware that the matter has been
reported to the Enforcement Officer. Where a case is to be added to the
Enforcement Schedule both the responsible landowner and local land charges
office will be informed by the Enforcement Officer.
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Stage 6: Referral to Enforcement Officer
When reporting a case to the Enforcement Officer all relevant documentation
should be passed including the path file, CAMS links and chronology of events.
The purpose of this form is to ensure the Enforcement Officer has as complete a
picture as possible and can make a balanced judgment as to how the matter
could be progressed.
Please complete the Enforcement Case Referral Form (Appendix A) when
reviewing the case file and forward along with all relevant papers to the PROW
Enforcement Officer.
Stage 7: Formal Notice and Further Evidence
Where the Enforcement Officer is to bring a case before the Magistrates further
evidence may be required. This will be gathered in line with stages 2 and 4 and if
required formal Notice served requiring removal of the obstruction/cessation of
the nuisance. Where there is compliance with the Notice and further action not
deemed necessary a warning/advisory letter will be issued in respect of future
conduct.
*Where the Area Officer has gathered the relevant evidence and served
formal Notices it should not be necessary for the Enforcement Officer to
gather further evidence.
Stage 8: Interview
Before proceeding further it may be appropriate to interview the party responsible
for the offence. If this is required they will be contacted in writing and offered an
interview (written or taped) under caution. The aim of the interview is to further
establish that the evidence gathered is correct, and the relevant legislation
therefore satisfied as well as drawing out any pertinent mitigating factors which
will further guide the action taken next. The Enforcement Officer and another
appropriately trained officer will conduct interviews. If declined a series of written
questions may be sent to the party responsible, under caution by the
Enforcement Officer.
Stage 9: Form of Action
At this point a decision is reached, by taking into account the enforcement policy,
as to the appropriate course of action, which may include obtaining legal advice.
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The options at this stage are:
Written warning. This may be appropriate for trivial matters, first offences,
where prosecution could result in adverse publicity etc.
Administer a formal caution to the offender. If a caution is to be issued by the
Enforcement Officer then the same evidential requirements must be met as if the
case were to be placed before the courts. A caution is a formal record of the
offence and an admission on the part of the offender that they are guilty. If a
caution is offered and declined then the matter must be placed before the courts.
Action through the Magistrates’ Court and/or
Direct action: This may be appropriate where the strict evidential requirements
demanded by the Court can not be met or the offence is in essence trivial and
unlikely to draw a fine towards the top end of the applicable scale in the event of
a prosecution. Direct action should also be considered alongside prosecution to
ensure that the Public Right of Way is made available for public use. If it is not
possible to reclaim the costs of direct action as part of any Court case then
details of the full costs incurred should be passed to Finance for recharging along
with detailed reference to the files relating to the case by the case officer.
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PROW ENFORCEMENT PROCEDURE
This flow chart should be read and used in conjunction with the best practice notes on
enforcement, the Health and Safety Manual with particular regard to those sections dealing
with lone working, dealing with difficult people and taking direct action and should be operated
in line with the PROW Enforcement Policy (if ever in doubt, retreat and consider the use of
additional people and controls).
Review the path file
Stage 1
Stage 2 Establish the offences
Conciliation, including the
Stage 3 serving of formal Notices
where necessary
Stage 4 Re-inspection Advise as to future conduct
Case review by Area Manager
Stage 5 and Area Officer Refer back to Area Officer
Refer to Enforcement Officer Add to enforcement schedule
Stage 6
Gathering of relevant evidence
& service of formal Notice
Stage 7 where necessary (see Stage Advise as to future conduct
3) with covering letter by
Enforcement Officer if required
Consider formal interview
Stage 8
under caution
Stage 9 Written warning
Action by way of caution
Prepare Evidence Bundle and
Complaint to Magistrates’
Court
and/or
Direct Action to restore the File note and Form DA1 to
Right of Way Enforcement Officer
*Please note that the Enforcement Officer can be requested to support the Area Officer
at any stage of the enforcement process (*Area Manager request)
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4. IDENTIFYING LANDOWNERS AND OCCUPIERS
Ascertaining the identity of landowners and occupiers may be possible through
the following means:
Rural Land Register
A searchable layer in CAMS that contains details of farmers who claim under
the Single Payment Scheme, an agri-environment scheme or woodland
scheme.
HM Land Registry
By application to HM Land Registry using Form SIM ‘Application for an official
search of the index map’ and Form OC1 ‘Application for official copies of
register/plan’. Both forms will need to be submitted together with a plan
highlighting the area to be searched.
Land Terrier
Land Terrier is a digitised mapping system displaying the county and district
council's land and property ownership. This can also be used to verify details
of all acquisitions and disposals together with leases, lettings, licenses,
easements and rights of way. Access to the data can generally be made by
application to the Property Services Departments of County or relevant District
Council.
Register of Common Land and Village Greens
By application to the Countryside Access Service Principal Case Officer
(Common Land and Village Greens).
Forestry Commission
By application to the Estates Department (tel: 0117 906 6013).
Internal Drainage Boards
Go to http://www.defra.gov.uk/environment/flooding/who/idblist.htm to locate
local contact.
Register of Deposits (s31(6) of the Highways Act 1980)
Go to
http://www.kent.gov.uk/environment_and_planning/countryside_access/definiti
ve_map__notices/statutory_registers/deposits_registers.aspx or contact the
Definitive Map Team.
Local Contacts
Use local contacts. Anyone you already know in the area, such as individual
farmers, may be able to help. Similarly, local councillors - from
community/parish councillor to county council member can be mines of local
knowledge. Staff in other organisations may also be able to help.
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Confirming landowner/occupier details
To confirm the identity of the landowner/occupier it may be necessary to serve
either/or:
o Notice requiring information under the provisions of Section 297 of the
Highways Act 1980 regarding the ownership of the land (Appendix B1)
o Notice to obtain particulars of persons interested in land under S.16 of the
Local Government (Miscellaneous Provisions) Act 1976 (Appendix B2)
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5. REFERRAL TO THE RURAL PAYMENTS
AGENCY
The introduction of the single payment scheme in January 2005 places a further
onus on farmers to ensure Public Rights of Way (PROW) passing over land in
their ownership or control are kept open and unobstructed to their full width. This
requirement further reinforces existing legislation. GAEC8. (Good Agricultural
and Environmental Condition)
Where reports of obstruction/nuisance have been investigated and substantiated
by officers and evidence has been gathered (photographic and pocket book as a
minimum) which results in Notice being served then the offence should be
reported to the Rural Payments Agency using the Cross Compliance Referral
Form (Appendix C).
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6. REQUIREMENTS OF STATUTORY PROVISIONS
Table 3 sets out the Statutory Provisions available for commonly encountered
issues.
Templates of Formal Notices are to be found in Appendix D
Table 3 - Requirements Of Statutory Provisions
Identified problem Possible Remedy Note!
Excavation across Prosecution under HA No provision for the serving of a Notice.
path/ damage to the 1980section 131 Not Required.
highway,
Things deposited so Prosecution for Section 149 HA1980 allows for the removal of
as to cause a damage under things deposited without Notice if it ought to be
nuisance or damage HA1980 section 131. removed without delay.
Notice under HA1980 If Notice is served and the thing not removed
section 149 application must be made to the Magistrates’ Court
for a removal and disposal order.
Disturbance of the Prosecution under HA Check the provisions within HA1980 sec134 &
surface of a 1980 section 131A, schedule 12A that would permit direct action, as
footpath/ bridleway Reinstatement they may be more relevant.
or any other utilising schedule 12A
highway not provisions within the
comprising a same Act.
carriageway
Ploughing of a Prosecution under Both courses of action are available and may be
headland HA1980 section 131A used in conjunction. The main consideration prior
Reinstatement under to serving Notice is how practical will direct action
HA1980 section 131A be? Access is available over land in the same
& schedule 12A occupation.
Don’t threaten direct action if it will be physically
difficult to achieve.
Non-reinstatement Prosecution under Both courses of action are available and may be
of cross field paths HA1980 section134 used in conjunction. The main consideration prior
Reinstatement under to serving Notice is how practical will direct action
HA1980 section 134 be? Access is available over land in the same
occupation.
Don’t threaten direct action if it will be physically
difficult to achieve
Obstruction of a Prosecution under Section 137 HA 1980 no Notice period is required
Public Right of Way HA1980 section 137 however we have to demonstrate reasonableness
Notice to remove a so a min of 7 days should be given, from the date
structure under of the Notice. Section 143 HA1980 requires a
Highways Act 1980. period of one month to be given if the cost of
(Min of 7 days Notice) removal is to be recharged. Access is available
section 143. only over the route of the PROW.
(Min of 1 month
Notice)
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Obstruction of a Notice to remove Section 149 HA1980 allows for the removal of
Public Right of Way things deposited so as things deposited without Notice if it ought to be
(continued) to be a nuisance removed without delay.
(Highways Act 1980 If Notice is served and the thing not removed
section 149.) application must be made to the Magistrates’ Court
for a removal and disposal order.
Obstruction by Prosecution under Direct action to remove the obstructing crop is
crops HA1980 section 137A available at expiry of the Notice within the
provisions of HA1980 schedule 12A. Access is
possible across land in the same occupation but
requires Notice to be given 24 hours in advance
stating the PROW, access route, machinery to be
used and the date and time at which the power to
enter becomes exercisable.
Bridlegates of less Notice under HA1980 There is no provision for taking direct action in
than 5 feet width section 145 (21 days) default under section 145. Failure to comply with
the Notice is reportable to the Magistrates’ Court
who may fine the person up to 50p/day there after.
Gate or stile out of Notice under HA1980 Repair can be undertaken at the landowner’s
repair section 146 (14 days) expense after the expiry of 14 days. As a matter of
policy any repairs should comply with the British
Standard.
Overhanging Notice under HA1980 Removal of overhanging vegetation is possible
vegetation section 154, as after the expiry of the Notice.
amended by CROW
2000. (14 days)
Barbed wire Notice under HA1980 There is no power of removal in the event a Notice
adjacent to a section 164 (1 month is not complied with. Complaint must be made to
highway minimum 6 months the Magistrates’ Court who may order the removal
maximum.) by the Authority. Consider at the outset the
likelihood of persuading Magistrates that barbed
wire is a nuisance.
Removal of signs Prosecution under The Magistrates’ have the power to fine, order
which are both NCPA 1949 section removal of the sign or both.
misleading and 57
likely to discourage National Parks Act.
use.
Bulls over 10 Prosecution under See Page 553 ROW A Guide to Law and Practice.
months of age WCA1981 section 59. 4th Edition.
unaccompanied by
cows or heifers, or
dairy bulls over 10
months of age in a
field crossed by a
PROW.
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7. WITNESS STATEMENT, PHOTOGRAPHS AND
DEFINITIVE MAP EXTRACTS
Witness statement
An example witness statement can be found in Appendix E
Photograph template and location plan
Below is a suggested format for presenting photographic evidence as exhibits.
Public Footpath CB108
Photograph Exhibit MT/3
Taken by Melvyn Twycross on 17th April 2008
Looking northwest from Dennewood to Hawthorne Corner*. The crop has
been previously cut on the line of the public footpath, however re-growth of
crop and weeds is now effectively obstructing the route.
*See attached location plan
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PHOTOGRAPH LOCATION PLAN
(Clearly indicate the right of way on the map, e.g. use a Stabilo Highlighter
Marker Pen)
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8. RECHARGING DIRECT WORKS
RECHARGING OF DIRECT ACTION AND OFFICER TIME IN PROW
ENFORCEMENT CASES.
Direct action as either part of a prosecution for the obstruction of a PROW or
simply to open up the definitive route of the highway for public use where a
prosecution has been discounted is often the most appropriate and effective
method of asserting the public’s rights.
It is the policy of the County Council to seek the full cost of any direct action
taken, in pursuance of its duties and powers under the Highways Act and powers
at Common Law, to remove obstructions from Public Rights of Way.
PROW Area Officer/Enforcement Officer Rates.
The rate to be charged for officer time is to be determined from hourly rates
current at the time, with parts of an hour calculated on a pro rata basis.
Time to be charged within any recharge is to include the time required to produce
the requisite Notices, postage of Notices by special delivery, time required for
a site visit (in the event that the necessary work had not been undertaken), time
required to arrange the direct action, all time required to supervise the direct
action including travel time and travel expenses to and from site, time necessary
to complete the paperwork to enable the costs of the action to be recharged. Plus
any other reasonable officer time or expenses accrued in pursuing the direct
action. Officer time should be recorded in pocket books.
Contractor Rates
The full costs including VAT of the contractor carrying out the work are to be
recharged (this should not include any work that would fall in the normal course
of events to the Highway Authority).
Administration
A 12.5% administration charge will be added to the bill by the Finance Team up
to a cost of £125 to cover their work in raising the necessary invoice and
pursuing the debt.
Finance recovery
Form DA1 (Appendix F) should be completed by the Area Officer and sent to the
Enforcement Officer for costing. An Oracle Receivables - Customer Set
Up/Invoice Request Form (ORACLE/AR01) should be completed by the
Enforcement Officer and sent to Finance Team 1 along with a reference to the
relevant case file, by the case officer.
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A job number starting CQ should be set up within each cost centre at the start of
the financial year. Separate orders may be set up within that code for specific
enforcement tasks, for both contractor works and police time, to enable the
payment of invoices. Payment when received will be reconciled with the invoices
received from the County Constabulary and Contractors. Payment when received
for officer time and expenditure should be credited to the following codes.
Payment for officer time AE 0100 KR
Payment of officers expenses (mileage) AG 7181 KR.
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9. TAKING DIRECT ACTION
Within the Highways Act 1980 are a number of provisions which allow the County
Council, as highway authority, to take direct action to remedy problems on Public
Rights of Way. In some cases these powers can be used in addition to a
prosecution for an offence under the Act, but in other cases the relevant section
contains only a direct action power, without a prosecutable offence being
provided.
In all these cases, there also exists a power to recharge the reasonable
expenses incurred in carrying out the direct action, or a proportion of them, to the
occupier of the land concerned. In the event that the occupier fails to settle an
invoice for such expenses, the Council is entitled to take action in the civil court
for recovery of the amount as a civil debt.
Powers to take direct action
The Highways Act 1980 powers most likely to be required in PROW work are:-
S.131A Disturbing surface (power in Schedule 12A);
S.134 Ploughing, etc (power in Schedule 12A);
S.135 Works disturbing surface (power in Schedule 12A);
S.137A Crop obstruction (power in Schedule 12A);
S.143 Removal of structures;
S.146(2) Repair of stiles;
S.149 Removal of things deposited on highways;
S.154 Cutting trees, etc overhanging or causing danger;
S.165 Dangerous land adjoining street.
*These powers vary in terms of procedure, length of Notice required and
conditions which need to be satisfied, so it is important to read and carefully
check the relevant section in each case to ensure that the proposed action is
being taken in accordance with the law.
Preparation for direct action - Risk Assessment
When direct action is contemplated, the situation must be carefully assessed to
determine the level of risk likely to be incurred in dealing with the matter.
The assessment could range from a firm belief that no difficulties are likely to be
encountered to a well-founded expectation of violence or obstruction by a person
opposing the proposed works. However, carrying out work against the wishes of
a landowner always has the capacity for being contentious, and experience
shows that it is unwise to assume that nothing untoward will occur.
Precautionary steps should therefore always be taken to cater for any problems
which might arise.
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Contractor
The contractor should be selected carefully, and made fully aware beforehand of
the work required, the location of the site and the identity of the landowner.
Difficulties could arise if there is any kind of pre-existing business or other
relationship between the contractor and the landowner concerned, or where the
contractor might suffer loss of future business with other landowners in the area
as a result of carrying out the direct action work. In appropriate cases, it may be
desirable to engage a contractor from outside the area.
The contractor should be asked to make a site visit with the officer beforehand,
so that he can properly assess the work and the equipment required to carry it
out. If a problem arose during an operation it would be unfortunate if the
contractor needed to send for other equipment in order to carry out the work
properly.
Consideration should also be given to the contractor providing extra staff so that
the work can be carried out as quickly as possible, so as to lessen the possibility
of confrontation.
Police Involvement
The police should always be informed when direct action is to be carried out.
In the most common circumstances, where serious difficulty is not anticipated
and the attendance of police during works is not expected to be needed, the
following procedure should be followed:
Go to http://www.kent.police.uk and enter the postcode close the location of
the direct works. This will direct you to the local Neighbourhood Officer
Click ‘Send an email’ and request a ‘storm report’ A suggested wording of
your email may be as follows:
On Thursday 11th March Kent County Council will be taking direct action to
repair two stiles on Public Footpath AW79 in Edgerton. The landowner has
failed to comply with a Notice served under s146 of the Highways Act 1980.
It is not anticipated that the landowner will be present but in case of
problems please could a ‘storm report’ be created.
We will be at the meeting point marked on the attached map at 9.00am. I
can be contacted on 01234 567890 (office) or 01234 678900 (mobile).
You will receive a ‘storm record’ reference number and the name of the police
officer who has been alerted to the planned action. You will be advised to dial
999 if you require urgent assistance (quoting the storm record reference number)
or an alternative telephone contact to report a non-urgent incident.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 24
On completion of the direct action send an email your police contact so that they
can close their records.
It should be remembered that the police are not under any duty to ensure that the
Council and its contractors can carry out the proposed direct action. However, if
they are alerted to the possibility of a Breach of the Peace they can take action to
maintain the peace, prevent a breach, or deal with a breach after it has occurred.
In some circumstances, however, this could result in our officers being advised
not to carry out the proposed work, if, for example, the police could not be certain
of containing the situation.
For this reason, in any case where serious opposition is anticipated, detailed
planning and consultation with police will be necessary.
The guiding principle in all such planning must be that nothing we need to do in
respect of Public Rights of Way can justify the risk of officers, contractors or
anyone else being subject to assault or other serious danger.
General
If necessary, a visit to the site should be made a day or two before the works are
to be done, to ensure that access is available for vehicles and personnel.
Ensure that you have a copy of the Formal Notice with you when carrying out
direct action.
It is essential that two officers attend any enforcement action
[Back to top]
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 25
10. POCKET NOTE BOOKS
POCKET NOTE BOOK PROCEDURE
This section has been drafted in accordance with the Human Rights Act 1998
and the principles underpinning it.
This section has also been drafted in accordance with the Race Relations
(Amendment) Act 2000.
LIST OF CONTENTS
10.1. Introduction
10.2. Procedure Details
10.2.1 Possession of Pocket Note Books
10.2.2 Purpose of Pocket Note Book
10.2.3 Administration
10.3. Responsibility
10.3.1 Auditing
10.1 INTRODUCTION
This Policy and the supporting procedures set out the requirements for the issue,
use, storage and disposal of Pocket Note Books (PNB).
The aims of this Procedure are to ensure:
Members of the Rights of Way team are aware of their responsibilities in
respect of the use of PNBs.
Consistent standards are applied across the team.
The information contained in PNBs is not compromised and that ethical
recording standards are maintained.
10.2 PROCEDURE DETAILS
10.2.1 Possession of Pocket Note Books
All rights of way officers up to and including the Head of Public Rights of Way
when on duty.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 26
10.2.2 Purpose of Pocket Note Book
Details required:
a) The start of each duty should show DAY and DATE in BLOCK CAPITALS
and underlined.
b) The full width of the page must be ruled off immediately after the last entry
on a day of duty.
c) No erasures should be used, and any incorrect entry should be struck out
by pen and initialled.
The purpose of this procedure is to ensure that details of PROW officers’
site observations, actions and conversations with landowners and others
are clearly and accurately recorded, and can be readily retrieved.
PNB’s should be used:
To record, at the earliest point, evidence and details of any incident that may
result in criminal or civil proceedings. Entries in a PNB should be made at the
time the event occurs or as soon as practicable afterwards.
As the first record of evidence. Officers must not use their own statements as
the first record of evidence but should record the key points of any incident
and any other details they feel may assist them to recall the circumstances of
the event at a later date, in particular when they are giving evidence in court.
To record information about an occurrence or event which the officer
considers to be significant.
As an aid to memory to assist officers to recall the circumstances surrounding
events.
By Operational officers to record their precise tours of duty.
By officers to record details of incidental expenses.
10.2.3 Administration
Officers will retain their current and last two completed PNBs (if less than 2yrs
old).
All other PNBs should be submitted to PROW central Administration, where they
will be stored until 2yrs old. PNBs that are over 2yrs old will be stored in
alphabetical order at KCC’s central archive facility. Once the PNB’s are over
seven years old, they will be destroyed as confidential waste.
To ensure continuity throughout the PNB, officers should note rest days,
leave or sickness
10.3 RESPONSIBILITY
It is the responsibility of all officers to keep their PNBs updated.
Individual managers and supervisors are responsible for ensuring that the
Policy is applied in their area of operations.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 27
10.3.1 Auditing
Line managers will audit their staff’s PNBs at least once a month to ensure that
they are being maintained to the standard required. The line manager will record
in the notebook that he has audited it, and sign and date the entry.
[Back to top]
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 28
Appendix A
ENFORCEMENT CASE REFERRAL FORM
Is the offence on a PROW Yes
recorded on the Definitive Map?
How was the land occupier/
landowner established? Land Registry and S297
Land Registry
S.297
File
Interview
Set out the specific Without lawful authority or excuse, willfully
requirements of the relevant Act obstructed public footpaths ST2, ST5 and
and Section? ST109. (Section 137 HA)
Are they met, what is the nature of Digital Photographs, Correspondence,
the evidence to be produced? Notices, Witness Statement and PNB copy.
Comments of reviewing officer. Having reviewed this matter and assessed
both the evidence and the circumstances of
this case. I feel that it should now be dealt
with by the Enforcement Officer.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 29
Factors to be considered
Please give any detail you have relating to the points below
Criterion Referring Officer Enforcement Officer
Is a conviction likely to Yes
result in a significant
sentence?
Was the Offender in a Yes
position of authority or Property Owner
trust?
Was the offence Yes, he was advised
premeditated/deliberate? against the action.
Has the offence caused No
injury to a user, significant
loss or harm; or has the
potential for doing so?
What do we know about He has been at this
the offender? (History) property for over 5 years.
Has the offender received Last year I had cause to
previous advice from speak to him about
PROW on same or similar another PROW issue on
circumstances to those of his land.
the offence(s)?
Are there grounds for Yes
believing that the offence
is likely to be continued or
repeated if a prosecution
is not brought?
Is the offence widespread Yes, 3 Paths Obstructed.
(multiple paths etc).
Is the offender elderly or at Having met with the
the time of the offence offender I am not aware of
suffering from significant any mitigating
mental or physical health circumstances.
ill health?(Mitigation)
Has the offender offered a No
reasonable explanation?
Is the offender willing to No, not very co-operative
prevent a recurrence of
the problem?
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 30
Appendix B1
SECTION 297 HIGHWAYS ACT 1980
Section 297 of the Highways Act 1980 states:-
Power of Highway Authority or Council to require information as to
ownership of land.
297 (1) A Highway Authority or Council, may for the purpose of enabling
them to discharge or exercise any of their functions under this Act, require
the occupier of any premises any person who, either directly or indirectly,
receives rent in respect of any premises, to state in writing the nature of his
own interest therein and the name and address of any other person known
to him as having an interest therein whether as freeholder, mortgagee,
lessee or otherwise.
(2) Any person who, having been required in pursuance of this section to
give any information, fails to give that information, is guilty of an offence
and liable to a fine not exceeding level 3 on the standard scale.
(3) Any person who, having been so required to give any information,
knowingly makes any mis-statement in respect thereof is guilty of an
offence and liable:-
(a) on summary conviction to a fine not exceeding the prescribed sum
within the meaning of Section 32 (9) of the Magistrates’ Courts Act
1980 (£1,000 or such other sum as may be fixed by order under
Section 143 (1) of that Act; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 2 years or to a fine or both.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 31
KENT COUNTY COUNCIL
Strategic Planning Directorate
To:
REQUSITION FOR INFORMATION
TAKE NOTICE THAT, pursuant to the provisions of Section 297 of the
Highways Act 1980, the KENT COUNTY COUNCIL (the Highways Authority)
hereby require you WITHIN 21 DAYS of the date of Service of this Notice
upon you, to state in writing the nature of your interest in the following
premises**:-
Field outlined in red on the attached map extract; situated at Glebe Farm, The
Street, Hamsworth.
You are also required to state in writing the name of any other person
known to you as having an interest in the said premises**, whether
freeholder, mortgagee, lessee or otherwise.
Dated the ………………………day of …………………………200
Signed……………………………………..
For and on behalf of the Highways Authority
Public Rights of Way Officer
** The word “premises” is defined as “indicated land and buildings” under
Section 329 of the Highways Act 1980.
A form is enclosed which may be used to supply the information required.
A copy of the full text of the relevant Act and Section is also enclosed for
your information.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 32
INFORMATION REQUIRED
To: Kent County Council
For the attention of ………………………….Public Rights of Way Officer
In reply to your Notice, dated……………………………..and pursuant to
Section 297 of the Highways Act 1980 requiring me to give you certain
information as to my interest of any other person regarding:
(14)
I hereby state that the answers to the questions set out in the Schedule
hereto, comprise a true and correct statement of all the information
required by the said Notice so far as the same is within my knowledge.
Date this ……………………..day of ……………………………..200
Signed: ……………………………………
Address: ………………………………….
………………………………………
……………………………………...
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 33
QUESTION ANSWER
1. Full name and address of the occupier
2. Full name and address of freeholder.
3. Full name and address of any lessee or tenant
4. If the premises are occupied under a lease or
tenancy, please state for what period.
5. (a) Full name and address of any person to
whom rent is paid.
(b) Is he the agent for another person? If so,
state full name and address of that person.
6. Full name and address of any mortgagee.
7. Full names and addresses of any other persons
having an interest in the premises. Please state
nature of interest.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 34
Appendix B2
LOCAL GOVERNMENT (Misc Prov) 1976
Section 16, Local Government (Miscellaneous Provisions)
Act 1976
Information required by Kent County Council
To: [Enter Recipient's Name] Date:
Re: [Enter Short Description Of Property]
TAKE NOTICE that, pursuant to the provisions of Section 16, Local Government (Miscellaneous
Provisions) Act 1976 (as set out below), Kent County Council hereby require you to give in writing,
within 14 days after the date on which this Notice is served, information relating to the above land or
premises by means of your replies to the questions set out overleaf.
G D Wild, Director of Law and Governance Kent County Council.
Section 16 of the Local Government (Miscellaneous Provisions) Act 1976
Power of local authorities to obtain particulars of persons interested in land
16.(1) Where, with a view to performing a function conferred on a local authority by any
enactment, the authority considers that it ought to have information connected with any land, the
authority may serve on one or more of the following persons, namely –
(a) the occupier of the land;
(b) any person who has an interest in the land either as freeholder, mortgagee or lessee
or who directly or indirectly receives rent for the land; and
(c) any person who, in pursuance of an agreement between himself and a person
interested in the land, is authorised to manage the land or to arrange for the letting
of it,
a Notice specifying the land and the function and the enactment which confers the function and
requiring the recipient of the Notice to furnish to the authority, within a period specified in the
Notice (which shall not be less than fourteen days beginning with the day on which the Notice is
served), the nature of his interest in the land and the name and address of each person whom he
believes is, as respects the land, such a person as is mentioned in the provisions of paragraphs (b)
and (c) of this subsection.
(2) Any person who –
(a) fails to comply with the requirements of a Notice served on him in pursuance of the
preceding subsection; or
(b) in furnishing any information in compliance with such a Notice makes a statement
which he knows to be false in a material particular or recklessly makes a statement
which is false in a material particular,
(c) shall be guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale. †
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 35
-----
† The fine is currently £5,000. These are the fines specified by the Criminal Justice Act 1982
(as amended by the Criminal Justice Act 1991) effective at 1 January 1996. The standard scale of
fines is liable to be increased by Order.
QUESTIONS ANSWERS
What are the name(s) (in full) and address(es)
of the current occupier(s) of the land/site?
Please confirm in what connection you deal
with the above land?
What is the nature of his/her/their/its interest
in the premises?
For example: freeholder, tenant, etc.
What is the name and address of any
person (other than the occupier) having an
interest in the premises?
This will include the name(s) in full and
address of any mortgage lender, freeholder,
leaseholder, contractual purchaser, etc.
I hereby state that the answers to the above questions comprise a true and correct statement of all
the information required by the said Notice, so far as the same is within my knowledge.
Signed:
Capacity (if signed on behalf of company, etc)
Address
:
This form is to be returned to:
County Enforcement Officer (PROW) Kent County Council, Invicta House, County Hall, Maidstone,
Kent, ME14 1XX Ref: [Enter Our Reference]
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 36
Appendix C
Cross Compliance Referral Form
Details of Referral Body
Name of
Organisation
Contact Name
Telephone Number
Date Notification
Received
Inspection Details
Location Details
Map Reference
(If known)
If Farm, Details (If known)
Name
Address
Contact Name
Telephone Number
Fax Number
Mobile Number
GAEC Number No 8
SMR Number
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 37
Description of
Non-Compliance
Action Taken
(including
recommendations,
advice given,
warning letter sent,
etc)
Is this case being
taken
for prosecution?/
Was this case taken
to prosecution?
If yes, please
provide the
following details:-
1. Date of action
2. Court Details
3. Current Status /
Outcome
Official Use PLEASE RETURN TO THE FOLLOWING
ADDRESS:
Referral Number:............................. Cross Compliance SMU,
Rural Payments Agency,
Task Number:.................................. Lowther Street,
Carlisle,
CA3 8DX
Telephone: 01228 640284
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 38
Appendix D
Formal Notices
Note relevant section of Highways Act 1980 in brackets
Notice to remove an obstruction on a right of way (s143)
Notice to enlarge or remove a gate on right of way (s145)
Notice to repair stile/gate on a public right of way (s146)
Notice to remove a thing so deposited on the highway so as to be a nuisance
(s149)
Notice to remove a tree/vegetation overhanging a public right of way (s154)
Notice to remove barbed wire adjacent to a highway (s164)
Notice to enter land for the purpose of survey (s289 & 290)
Notice to enter land (Schedule 12A)
Formal Notifications
Notification of the offence of disturbing the surface of a right of way (s131A)
Notification of the offence of failure to make good the surface of a public right
of way (s134)
Notification of the offence of failure to prevent interference with a public right of
way by crops (s137A)
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 39
NOTICE TO REMOVE AN OBSTRUCTION ON A RIGHT OF WAY
Kent County Council
Environment, Highways and Waste Directorate
Section 143 Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL give you notice that you are required within ONE
MONTH following the date of this Notice to remove an obstruction on a highway
known as [enter status of highway and number].
The obstruction referred to is situated on the route of the path and is comprised
of [enter description of the obstruction]. The location of the obstruction is
indicated on the attached extract of the Public Rights of Way Network Map.
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
If the obstruction is not removed within the time stated above, the Council will
undertake the removal and charge you the expenses reasonably incurred and/or
bring legal proceedings against you.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 40
NOTICE TO ENLARGE OR REMOVE A GATE ON RIGHT OF WAY
Kent County Council
Environment, Highways and Waste Directorate
Section 145 Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL give you notice that you are required within
TWENTY ONE DAYS following the date of this Notice to enlarge a gate to [insert
1.5 metres for a bridleway or 3.0 metres for other carriageways] measured
between posts, or remove the gate completely.
The location of the gate is on a highway known [enter status of highway and
number] as indicated on the attached extract of the Public Rights of Way Network
Map.
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
If the work is not completed within the time quoted above, the Council will
undertake the removal and charge you the expenses reasonably incurred and/or
bring legal proceedings against you.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 41
NOTICE TO REPAIR STILE/GATE ON A PUBLIC RIGHT OF WAY
Kent County Council
Environment, Highways and Waste Directorate
Section 146 Highways Act 1980
To: [enter name and address]
Considering that:
1. the land occupied by you and described in the Schedule below is crossed by
the public right of way, also described in the schedule, and
2. [enter quantity] stiles/gates on the public right of way require maintenance to
bring them to a standard that is safe and accessible to the public as required
by section 146 Highways Act 1980.
Notice is given that in accordance with section 146 you are required to:
Repair the stiles/gates to a safe and accessible standard within FOURTEEN
DAYS of the date of this Notice. Should the work not be completed within the
time stated above the County Council will undertake the necessary work and
recharge you with the expenses reasonably incurred.
SCHEDULE
Parcel of land outlined in red on the attached extract of the Public Rights of Way
Network Map.
District/Parish: [enter District/Parish]
Route: [enter status and number of paths]
Stile/Gate locations are identified by red X’s.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 42
NOTICE TO REMOVE A THING SO DEPOSITED ON THE
HIGHWAY SO AS TO BE A NUISANCE
Kent County Council
Environment, Highways and Waste Directorate
Section 149 Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL give you notice that you are required forthwith to
abate a nuisance on a highway known as [enter status of highway and number].
The nuisance referred to is situated on the route of the path and is comprised of
[enter description of the nuisance]. The location of the nuisance is indicated on
the attached extract of the Public Rights of Way Network Map.
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
If the said nuisance is not abated forthwith, the Council will make a complaint to
the Magistrates’ Court for a removal and disposal Order and charge you the
expenses reasonably incurred in removing the object and/or bring legal
proceedings against you.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 43
NOTICE TO REMOVE A TREE/VEGETATION OVERHANGING
A PUBLIC RIGHT OF WAY
Kent County Council
Environment, Highways and Waste Directorate
Section 154 Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL give you notice under Sections 130 and 154 of
the Highways Act 1980, that you are required within FOURTEEN DAYS following
the date of this Notice to remove a dangerous tree/overhanging vegetation
adjacent to [enter status of highway and number], the location of which is
highlighted on the attached extract of the Public Rights of Way Network Map
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
If the tree/vegetation is not removed within the time stated above, the Kent
County Council will undertake the removal and charge you the expenses
reasonably incurred.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 44
NOTICE TO REMOVE BARBED WIRE
ADJACENT TO A HIGHWAY
Kent County Council
Environment, Highways and Waste Directorate
Section 164 Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL give you notice that you are required in not more
that FORTY DAYS following the date of this Notice to remove barbed wire from
the side of a highway known as [enter status of highway and number].
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
If the said barbed wire is not removed within the time stated above, the Council
will make a complaint to the Magistrates’ Court seeking an Order to remove it,
and recover from you the expenses reasonably incurred.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 45
NOTICE TO ENTER LAND FOR THE PURPOSE OF SURVEY
Kent County Council
Environment, Highways and Waste Directorate
Sections 289 and 290 Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL give you notice under Sections 289 and 290 of
the Highways Act 1980, that they intend to enter land, believed to be owned by
you and highlighted on the attached extract of the Public Rights of Way Network
Map, for the purpose of surveying the route of a highway known as [enter status
of highway and number].
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
Dated the [enter date Notice sent to landowner (min of 7 days notice required)]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 46
NOTICE TO ENTER LAND
Kent County Council
Environment, Highways and Waste Directorate
Schedule 12A Highways Act 1980
To: [enter name and address]
The KENT COUNTY COUNCIL gives you notice of our intention to enter your
land for the purpose of reinstating Public Rights of Way.
(a) This notice relates to [identify the highway to which it relates]; and
(b) The work to be carried out comprises [specify the work to be carried out and
the equipment to be used for that purpose]; and
(c) Access to the site of the works will be [identify the line or lines of passage
over the land in question, if any, that may need to be used for access to the
site of the work]; and
(d) The power to enter on the land becomes exercisable on [state the date and
time when the power to enter on the land becomes exercisable. (minimum of
24 hours)]
This Notice is given by the KENT COUNTY COUNCIL as the highway authority
for the County.
The KENT COUNTY COUNCIL will undertake the reinstatement of the Rights of
Way and charge you the expenses reasonably incurred in having to pursue the
action.
Dated the [enter date Notice sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 47
Kent County Council
Environment, Highways and Waste Directorate
Section 131A Highways Act 1980 as inserted by the
Rights of Way Act 1990
To: [enter name and address]
It appears that you have without lawful authority or excuse disturbed the surface
of the Public Right of Way making it inconvenient for members of the public
wishing to use it. This is a criminal offence pursuant to Section 131A of the
Highways Act 1980 (as inserted by Section 1 of the Rights of Way Act 1990) The
details of the route concerned are set out in the schedule below.
You are required to rectify the disturbance within a period of [enter time period]
from the date of this notification. The works necessary to make good the surface
of the Public Right of Way so that it will again be convenient for members of the
public wishing to use it are as follows: [enter required specification].
Failure to carry out the works in accordance with the above specification may
result in implementation of the Highway Authority’s powers under Schedule 12A
of the Highways Act 1980 to carry out such works that may be required to
reinstate the surface of the Public Right of Way. The costs of undertaking such
works would be recharged to you. In addition, a prosecution for the offence may
be considered.
SCHEDULE
Parcel of land [enter location details] outlined in red on the attached extract of the
Public Rights of Way Network Map.
Cross-field: [enter status of path]
District/Parish: [enter District/Parish]
Path Number : [enter path identification number]
Minimum Width: [enter minimum width from Schedule 12A para 1 of HA 1980]
Dated the [enter date notification sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 48
OFFENCE OF FAILURE TO MAKE GOOD THE SURFACE OF
A PUBLIC RIGHT OF WAY
Kent County Council
Environment, Highways and Waste Directorate
Section 134 Highways Act 1980 as amended by the
Rights of Way Act 1990
To: [enter name and address]
It appears that you have failed to carry out your duty to make good the surface of a
Public Right of Way making it inconvenient for members of the public wishing to use it.
This is a criminal offence pursuant to Section 134(3) of the Highways Act 1980 (as
amended by the Rights of Way Act 1990). The details of the route concerned are set out
in the schedule below.
You are required to:
1) make good the surface of the Public Right of Way to not less than its minimum
width to make it reasonably convenient for the exercise the right of way, and
2) indicate the line of the Public Right of Way on the ground to not less than its
minimum width so that it is apparent to members of the public wishing to use it
within a period of [enter time period] from the date of this notification.
Failure to carry out the works may result in implementation of the Highway Authority’s
powers under Schedule 12A of the Highways Act 1980 to carry out such works that may
be required to reinstate the surface of the Public Right of Way. The costs of undertaking
such works would be recharged to you. In addition, a prosecution for the offence may
be considered.
SCHEDULE
Parcel of land [enter location details] outlined in red on the attached extract of the Public
Rights of Way Network Map.
Cross-field: [enter status of path]
District/Parish: [enter District/Parish]
Path Number : [enter path identification number]
Minimum Width: [enter minimum width from Schedule 12A para 1 of HA 1980]
Dated the [enter date notification sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 49
OFFENCE OF FAILURE TO PREVENT INTERFERENCE WITH
A PUBLIC RIGHT OF WAY BY CROPS
Kent County Council - Environment, Highways and Waste Directorate
Section 137A Highways Act 1980
as amended by the Rights of Way Act 1990
To: [enter name and address]
It appears that you have failed to comply with your duty to prevent interference with a
Public Right of Way by crops making it inconvenient for members of the public wishing to
use it. This is a criminal offence pursuant to Section 137A of the Highways Act 1980 (as
amended by the Rights of Way Act 1990). The details of the route concerned are set out
in the schedule below.
You are required to take such steps as may be necessary
1) to ensure that the line on the ground of the Public Right of Way is so indicated to
not less than its minimum width as to be apparent to members of the public
wishing to use the highway; and
2) to prevent the crop from so encroaching on any relevant highway, whether
passing over that or adjoining land, as to render it inconvenient for the exercise of
the public right of way
within a period of FIVE DAYS from the date of this notification.
Failure to carry out the works may result in implementation of the Highway Authority’s
powers under Schedule 12A of the Highways Act 1980 to carry out such works that may
be required to reinstate the surface of the Public Right of Way. The costs of undertaking
such works would be recharged to you. In addition, a prosecution for the offence may
be considered.
SCHEDULE
Parcel of land [enter location details] outlined in red on the attached extract of the Public
Rights of Way Network Map.
Cross-field: [enter status of path]
District/Parish: [enter District/Parish]
Path Number : [enter path identification number]
Minimum Width: [enter minimum width from Schedule 12A para 1 of HA 1980]
Dated the [enter date notification sent to landowner]
Signed:
Designation: Public Rights of Way Officer
Duly authorised to sign on behalf of Kent County Council
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 50
Appendix E
Kent County Council
Statement of Witness
(Criminal Procedure Rules 2005, r.27.1(1); Criminal Justice Act 1967, s.9 &
Magistrates Court Act 1980, ss.5A(3)(a) & 5B)
Statement of:
Age of witness (if over 18 write "over 18"):
Occupation of witness:
This statement, consisting of page(s) each signed by me, is true to the best of
my knowledge and belief and I make it knowing that, if it is tendered in evidence,
I shall be liable to prosecution if I have willfully stated in it anything which I know
to be false or do not believe to be true.
Dated the day of 200
Signed………………………………………………………A.B.
(A.B. being unable to read the above statement, I C.D. of , read it to him
before he signed it.
Dated the day of 200
Signed……………………………………………………...C.D.
I am employed by Kent County Council as a Public Rights of Way
Enforcement Officer. I am authorised to enforce the provisions of the Highways
Act 1980. Public Footpath K9 in the Parish of Dogmans Land is recorded as a
public right of way on the Definitive Map of Public Rights of Way held by Kent
County Council. The definitive map is a legal document recording the location
and alignment of all known public rights of way within the county, and the County
Council has a duty to keep the definitive map under section 53 of the Wildlife and
Countryside Act 1981.
Signed…………………………………………………... Page 1 of
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Statement of Witness
(Criminal Procedure Rules 2005, r.27.1(1); Criminal Justice Act 1967, s.9 &
Magistrates Court Act 1980, ss.5A(3)(a) & 5B)
Continuation statement of:
By virtue of Section 56 of the same Act, where the definitive map shows a
footpath, the map shall be conclusive evidence that the footpath is a highway
over which the public has a right of way on foot. Under Section 130 of the
Highways Act 1980 the Council has a duty to assert and protect the rights of the
public to the use and enjoyment of all public rights of way. I produce a copy
extract from the definitive map, showing Public Footpath K9 as exhibit TOB/1.
On Monday 19th March 2008, I inspected Public Footpath K9 with Helen
Field, the Area Rights of Way Officer responsible for the K9 area. During this
inspection I used my digital camera to record images during the site visit. On
returning to my office that same day I downloaded the images from my camera to
my computer via a cable. I then printed the images for use as exhibits to this
witness statement. The digital camera was in my possession at all material times.
We first inspected K9, starting at about 11.30am. We accessed the path along
the side of a large industrial storage unit, the path was well defined and after
approximately 100 meters we approached an area of land that I knew to be the
responsibility of Tardis Construction Limited.
I started to notice large heaps of what looked like building waste material
piling up on my left hand side, and then the whole of the path disappeared under
a large mass of rubble. The rubble consisted of bricks pieces of concrete large
stones and various metallic items.
Signed………………………………………. Page of
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 52
Statement of Witness
(Criminal Procedure Rules 2005, r.27.1(1); Criminal Justice Act 1967, s.9 &
Magistrates Court Act 1980, ss.5A(3)(a) & 5B)
Continuation statement of:
I continued along on what we knew to be the line of the footpath however
the mass of rubble made walking very difficult and Hazardous.
Please see (Photo Exhibit TOB2) Photograph shows the building waste and
large concrete stones across the footpath K9.
On Wednesday 21st March 2008 I returned to inspect Public Footpath K9,
starting at about 09.40am I made the same approach along the Footpath as I had
done on my previous visit on the 19th March 2008. Once I entered the area of
land occupied by Tardis Construction Limited I noticed that a large mass of
rubble had been deposited on top of what I had witnessed there previously
creating a mound of approximately 3ft in height and 20ft in width directly on what
I knew to be the definitive line of the Public Footpath creating an even larger
obstruction. Please see (Photo Exhibit TOB3) Photograph shows the large
mound of rubble on top of the footpath K9.
On Wednesday, 21st March 2008, I sent a letter (Copy exhibit TOB/4) to
Tardis Construction Limited, who I knew to be the occupier of the land over which
this public footpath runs because they had completed and returned a section 297
an information requisition under the Highways Act 1980 (Copy exhibit HF/6).
Enclosed was a formal notice under Section 137 of the Highways Act 1980,
requiring removal of the obstructions from Public Footpath KH62 within five days.
(Copy exhibit TOB/5).
Signed………………………………………. Page of
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NOTE: Wherever possible statement should be on foolscap paper. If statements
are typed double spacing should be used. One side only of the paper should be
used; a space should be left at the top of the first page for headings to be entered
by the clerk of the court (justices' chief executive for the court); and each page
should have a wide margin on the left.
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 54
Appendix F
Form DA1 - Record of resources used in carrying out direct action
Area Officer: Path No: Land Owner/Occupier:
Officer Contractors
Policing
Date time Mileage Postage invoiced Details
costs
(hours) costs
GR, MT, TOB Enforcement Policy and Procedure – version 4 Page 55