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Barb Wire and Public


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Have a job removing 100mts of old hedgerow with some large oak and ash next to a footpath/ road. The client as asked me to fence it with pig wire topped with two strands of barbed wire but on the public side! I seem to remember that barb wire cannot be on the public side of the fence:confused1: Am i correct or as old age caught up with me:001_huh: Thanks Dan

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No idea on the law but you get plenty of it around here along paths and bridleways.

 

And here.

 

The 1980 Highways Act refers and says something along the line of "must not endanger the public" so there may be a case if the path is only 4ft wide but not if it's a track.

 

I recently lost a public appeal where a barbed wire fence was erected along a 2m wide footpath on the public side and yet I still cannot understand why the inspector allowed it.

 

IMO best practice is barbed wire to keep the stock in and a plain guard wire on the public side slightly higher than the top barbed wire.

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From BTCV Fencing book:

 

"The law states that barbed wire should not be used on land adjoining a public highway (which includes public rights of way) where it may cause injury to people or livestock legally using the highway. However, there is no rule on the minimum distance of the barbed wire from the edge of the highway, and each situation must be judged for itself. Barbed wire on fences immediately adjacent to narrow paths or bridleways would be likely to be considered dangerous, whereas barbed wire at a few metres distance from the edge of the path would probably not."

 

"On a fence or wall adjacent to a public highway or right of way, any deterrents to trespass, such as barbed wire or spikes on walls should not be a danger to highway users. The owner of a fence or wall can be sued if a passer-by is injured by a deterrent which is considered to be excessive"

 

 

 

Why do they want the barb wire? To keep the commoners like me out? :001_tt2:

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Section 164(1) Highways Act 1980 - "Where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, a competent authority may by notice served on the occupier of the land require him to abate the nuisance within such time, not being less than one month nor more than 6 months from the date of service of the notice, as may be specified in it."

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I would have to double check but I remember reading somewhere that best practice is to put the netting on the public side and the barb on the other. I can't remember where it was now but that would make sense to me if you had children leaning on the fence or any issue like that.

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I'd probably be putting both net and barb on the field side, generally u always want to put the wire on the field side so stock can't lean on it and push steeples out and scratch on posts.

If u really wanted u could run a plaim wire down the oppisate side but mibee depends how well used the path is.

Folk still (should) have some responsibility for there own safety

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Literally miles of fencing old and new around here, 8/80/15 netting and 2 strands of 2mmHT barb. Lots of it abuts PROW. I don't have an issue with it except by the stiles when you need your wits about you when climbing over. In all honesty it's the fencers that need to take more care turning loose ends of the wire inwards.

If we didn't (all) have barb, forget the sheep, the great british public and their dogs would be exercising their 'right to roam' more than they do now :mad1:

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Whilst you're on t'internet checking out the highways stuff save a few minutes to check out the Hedgerow Regulations 1997. You could be committing a criminal offence long before you put up the fence.

 

The Hedgerows Regulations 1997

 

 

 

Ed

 

 

Maybe he just coppiced it? Then it'll still be a hedge

 

 

Sent from my iPhone using Arbtalk

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