Damaging a bridleway during extraction

[claydon]

Any body know what the situation is regarding damaging a bridleway during extraction. I've had a google and can't find anything relating to forestry, it's all about farmers fields and ploughing etc.

 

As far as I recall, we can trash it during the extraction but have to repair to previous condition within 14 days, does that ring any bells?

 

Thanks in advance

[woody paul]

Depending how much you rut it. Would take pictures first as horses do make a mess of them anyway. 

[aspenarb]

Signage is key, not sure about the fourteen days or how relevant that would be if Mrs Miggins were to throw herself into one of the ruts meantime and go for a claim. Go heavy on the signage.

 

Bob

[openspaceman]

2 hours ago, claydon said:

Any body know what the situation is regarding damaging a bridleway during extraction. I've had a google and can't find anything relating to forestry, it's all about farmers fields and ploughing etc.

 

As far as I recall, we can trash it during the extraction but have to repair to previous condition within 14 days, does that ring any bells?

 

 

Farmers can plough a field with a PRoW over it but should reinstate it withing 14 days

 

That's not the same as damaging a highway making it unusable. For that you need a Traffic Regulation Order and the cost of making good will be...

[timbernut]

I am about to start work removing infected ash beside bridleway it’s also heavily used by commuting cyclists, most of it is very good surface but typically there’s a couple of wet bends that will be dodgy, for the cyclists in particular, the county council have asked to have any damage repaired within 14 days of completing extraction.
I don’t think it will rut too badly, but wondering who’s liable should someone come a cropper, have ordered some slippery surface signs and we have to keep it open with a banksman on duty for the duration as we can’t close it completely as we usually do[emoji848]

[pelerin]

A bridleway has to be of a standard for normal traffic, which is people and horses. It isn’t a particularly high standard. Bicycles are a modern addition to their use and just a pain on a lot of bridleways. There’s nothing to say that a bridleway cannot be used for forestry with landowners permission but it cannot be used exclusively for forestry without a temporary closure that is both expensive and will delay your start. Avoid one if you can. 

 

You could use good and comprehensive signage as mentioned, cyclists dismount would be good one. Use a banksman when on the right of way asking people to wait if there’s a temporary obstruction and be prepared in the event that someone won’t wait - because they don’t have to. 

 

Maybe make friends with the footpaths officer at the LA and let them know where you’re working. That way if anyone causes a fuss they can say they are aware and call you first. Be prepared to use a digger to keep the track reasonable and not trashed while you’re on site. 

 

Then again it’ll probably rain for the duration and you won’t see a soul. 

[agrimog]

as pelerin says a bridleway is for foot traffic and horses.....says nothing about cycles, as long as a person can walk unobstructed, and a horse can traverse the route, so it doesnt mater how muddy it is, just make sure any transverse ruts arent too deep..... and remember, cyclists dont actually have any right on the bridleway

 

[petercb]

Public rights of way: landowner responsibilities - GOV.UK

WWW.GOV.UK

---

As the owner or occupier of land with a public right of way across it, you must keep the route visible and not obstruct or endanger users.

Does the bridleway belong to owner of trees to be extracted? If not permission is required from landowner. Motorised vehicles not permitted on Bridleway except with landowner's permission. It is a right of way and does not belong to local authority. Talk to footpaths officer they are usually very helpful regarding special situations expensive to close even for short while.

[Toad]

44 minutes ago, petercb said:

 

Public rights of way: landowner responsibilities - GOV.UK

WWW.GOV.UK

---

As the owner or occupier of land with a public right of way across it, you must keep the route visible and not obstruct or...

 

Does the bridleway belong to owner of trees to be extracted? If not permission is required from landowner. Motorised vehicles not permitted on Bridleway except with landowner's permission. It is a right of way and does not belong to local authority. Talk to footpaths officer they are usually very helpful regarding special situations expensive to close even for short while.

 

Many roads are also within people's deeds, however this is something that is easily misconstrued as giving people the right to undertake works, modify or obstruct the highway. 

 

Legally the public have the right to pass and repass on the land and there are various laws that allow the local authority to enforce this. 

 

I would start with talking to the rights of way team as you suggest. If the first thing they know about works there is Mrs Miggins going mental about getting muddy while walking her poodle then they're less likely to look upon the work favourably. 

 

Can the extraction be undertaken in the summer or autumn when damage to the bridleway is likely to be reduced?

[openspaceman]

3 hours ago, agrimog said:

as pelerin says a bridleway is for foot traffic and horses.....says nothing about cycles,

Bicycles have been allowed to use bridleways since 1947 IIRC before that the only difference from a footpath appears to be  that you could lead a horse along it by the bridle.  The 1968 act says that cyclists must give way to walkers and horseriders but also places no obligation for the way to be fit for cycling.

 

Interestingly while you may push a pram on a footpath you have no right to push a barrow/cart or bicycle on it.