Hertfordshire's position on Crop Obstruction

See a current example of obstruction at July 2004

Obstruction of the highway (footpaths etc) by crops or ploughing is a criminal offence. There are certain short term exceptions to allow, where it is difficult to leave off ploughing the path itself, for its surface to be disturbed. If it has been lawfully disturbed, then there are requirements to restore the surface within certain times and to keep the route visible and clear of crops. 

Our County has a good practice guide (GPG), which is available on line at:
http://www.hertsdirect.org.uk/hcc/environment/envman/row/rowGuide/

Regarding Crop Obstruction BADFA is very happy with the first bit of the GPG which states:

Landowners have duties imposed by Highways Act 1980 s134 and 137(a) regarding the removal of crops and reinstatement after ploughing. The County Council has a duty to assert and protect the rights of the public to the use and enjoyment of the public rights of way network [Highways Act 1980 s130]. A policy is required that states clearly the action that will be taken by the County Council in order to fulfil its legal duty and resolve agricultural obstructions.

And it gets better:

The County Council recognises that obstruction of the Public Rights of Way network as a result of agricultural practices is a significant problem despite the duties imposed on landowners by the Highways Act 1980 .

And better still:

The County Council will normally take direct action to remove crops or to reinstate paths where landowners have failed in the duties imposed on them by the Highways Act 1980 s134 and s137A .

We would reasonably take it that this direct action would consist of going and clearing the crop (or levelling or marking out the path) themselves or through contractors or Parish Path Partnership people like BADFA volunteers.
Remember that in nearly every case County is the actual owner of the path and is legally entitled under common law to take direct action just as a householder can if a neighbour plants cabbages or tips rubbish on the wrong side of the garden boundary.

But this is not what 'direct action' means according to the guidelines.

It means identifying the problem (County seem not to trust their local partners but have to see for themselves). Say 2 weeks.

It means formally reminding landowners of their obligations to re-instate within 'x' days (x is 14 days or 2 days). Say 4 days for a letter.

It means re-inspecting. When? The guidelines don't say, so who knows - two weeks or two months, say 4 weeks.

It means serving the landholder with a notice of the County Council's intention to take direct action. The legal minimum is 24 hours.

Action will only be instigated after the County Council has served on them the necessary notices.

This sounds more like going through procedures than direct action. But perhaps we have misunderstood.

Illegal obstruction by ploughing and crops is widely accepted to be one of the biggest issues on rural path quality. BADFA would strongly support County in taking truly direct action to nullify the actions of those rural people who break the law to the detriment of path users.

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