Archived decisions

Hampshire County Council

Recreation and Heritage Policy Review Committee

11 March 2004

Executive Member - Recreation and Heritage

18 February 2004

Proposed Guidance for Rights of Way Maintenance and Enforcement Reports

Report of the Director of Recreation and Heritage

Item 10

Item 9

Contact: Andrew Smith, Ext 6003 email: [email protected]

HIGHWAYS ACT 1980

S41 Duty to maintain highways maintainable at public expense

    (1) The authority who are the for the time being the highway authority for a highway maintainable at public expense are under a duty (...) to maintain the highway

S130 Protection of public rights

    (1) It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority

1 Summary

1.1 The reports seeks the Executive Member's endorsement of the attached guidance. It is intended that this guidance will be used by Countryside Service Area Rights of Way Officers for prioritising reports informing the County Council of matters requiring attention on the rights of way network.

1.2 This report supports Aims 2 (Stewardship of the Environment) and 5 (Improving Services) of the Corporate Strategy. It relates to the maintenance and protection of the rights of way network which provides nearly 3,000 miles of public access to Hampshire's countryside. It also aims to improve the service provided through the effective targeting of resources.

2 Background

2.1 The County Council, as the Highway Authority for the area, has a duty to ensure that public rights of way are available for the use and enjoyment of the public. The most recent Audit Commission Best Value Performance Indicator figure shows that Hampshire, in terms of its rights of way network, is the second highest performer in the country. However, owing to people's increasing expectations, as well as the increasing volume of reports received, the Area Rights of Way Officers have to prioritise their time and also assess the importance to be assigned to each of the reports they receive. Attached at Appendix 1 is the proposed guidance to be used by officers when assessing the reports which are received.

2.2 The proposed guidance was developed with the Area Rights of Way Officers and was fully considered and agreed by the Hampshire Countryside Access Forum at their meeting on February 11th 2004. The Hampshire Countryside Access Forum is the statutory Forum tasked with advising the County Council on matters relating to the provision and management of access to the countryside. Members of the Forum were involved in two workshops to look at the draft guidelines. Comments, including those from user group representatives, have been incorporated in the final guidance.

2.3 Not every report will fit this guidance and an element of discretion and flexibility on the part of the Area Officer will still be required. It is not intended that those matters which are assigned a low priority will never be investigated. These matters will be attended to whilst the officer is dealing with higher priority issues with the same landowner or in the same area. Alternatively, time will be set aside occasionally to catch up with these lower priority issues as a distinct project.

2.4 The impact of this guidance will be reviewed quarterly. A careful record will be kept of the number and type of reports received, those resolved and those awaiting attention. A commitment has also been made to take a progress report back to the Access Forum and Executive Member after 12 months of operation.

3 Conclusion

3.1 The objective of this guidance is to allow the Countryside Service Area Rights of Way Officers to prioritise their workload and maximise the use of their time in delivering a quality service. The impact of this guidance will be reviewed after 12 months of operation.

Recommendation

    That the appended draft guidance for prioritising maintenance and enforcement matters on the rights of way network be endorsed following which it be issued to all Members of the County Council

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

Title : None

N.B the list excludes:

      1. Published works

      2. Documents that disclose exempt or confidential information as defined in the Act