Countryside Access Charging Policy - Public Path Furniture
In this section
- Section 1 - Summary
- Section 2 - Legal Context
- Section 3 - Principles of this Policy
- Section 4 - Terms of Payment
- Section 5 - Chargeable Furniture Supply/Installation
Section 5 - Chargeable Furniture Supply/Installation
Circumstances where the Authority will seek to recover costs are as detailed below.
5.1
Non-Standard Gates
Landowners/managers demonstrating compliance when approached by a member of the Countryside Access team but who would like the Authority to install a gate type that is not standard stock will be required to pay half of the total cost of supply and installation of that gate.
This will be subject to the following criteria:
i. There must be no reported incidents of aggressive or intimidating behaviour towards PROW users or staff linked to the landowner/manager.
ii. Aside from the poor condition of or absence of furniture, there must be no evidence of wilful obstruction in respect of any PROWs across the holding.
iii. The landowner/manager must accept responsibility for the furniture once installed, as per their duty under the Highways Act 1980.
5.2
Stiles
If the landowner/manager wishes to install a stile on the PROW network within their holding they must cover the full cost of the stile(s) and installation as is their statutory duty. Any stile must meet the current British Standard BS5709:2018 and must be permissible on the network.
Stiles are discouraged in Carmarthenshire. A stile does not provide a widely accessible means of accessing a pedestrian PROW and as such it does not satisfy our Policy of Least Restrictive Access. A stile carries higher risk of injury to the public and a higher level of liability for the landowner. Being predominantly constructed from timber, stiles can fall into disrepair in a relatively short period.
If supply and installation is undertaken by the landowner, they may claim back the statutory 25% for costs incurred for a stile(s) from the Authority. Proof of costs incurred must be provided.
If a stile(s) is supplied and installed by the Authority, on behalf of the landowner, 75% of total costs will be recovered from the landowner, the statutory 25% entitlement will be automatically deducted.
5.3
Enforcement
Landowners/managers that are not compliant when approached by a member of the Countryside Access team, subsequently leading to default enforcement proceedings, will be charged the full cost of any furniture installation carried out as part of a default action.
If following a successful enforcement action through the court, a landowner/manager elects to contract the services of the Countryside Access team to carry out any necessary furniture installation(s) they will be expected to cover the full costs of the works.
5.4
Diversion Orders
If a PROW that has been subject to a Diversion Order because of a formal application, then the applicant is liable for all costs associated with the creation of the new route. This includes the full cost of all necessary furniture. 25% cost recovery from the Authority under the Countryside Act (1968) does not apply in these circumstances.
*For a price list of all PROW furniture applicable to this section, see appendix 1*