Countryside Access Charging Policy - Public Path Furniture
In this section
Section 2 - Legal Context
Section 146 of the Highways Act 1980 requires any stile or gate across a footpath, bridleway or restricted byway to be maintained by the landowner in a safe condition and to the standard of repair required to prevent unreasonable interference with the rights of users. This is the case in respect of every piece of furniture on the PROW network unless there is specific legal agreement to the contrary.
If a landowner fails in his duty, the Local Authority, as the relevant highway authority, may, after giving at least 14 days’ notice to both owner and occupier, do any work necessary to repair, replace or remove a piece of furniture and charge costs to the owner. The existence of this power does not detract from the duty of the highway authority to take enforcement action if the condition of a stile or gate constitutes an obstruction.
If a landowner complies with their duty to maintain PROW furniture, they are entitled to recover at least 25% of their costs from the authority. In practice, if the Authority carries out the work on behalf of the landowner, they should charge 75% of the total cost, if the landowner carries out the work themselves, they may claim back 25% of the total cost.
This was introduced by the Countryside Act 1968 to provide a fair division of responsibility between owners and the highway authority. Where authorities have failed to compel landowners to carry out their duties, as in Carmarthenshire, landowners have not claimed the grants that would otherwise be due to them.