Rights of way - who is responsible?

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sugarpuff

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Just a quick query...
I am wondering who is legally responsible to repair a dangerous foot bridge (on a public bridle path)? Bridle path is currently closed to horses as it is dangerous to cross the bridge but the rights of way officer has said that although the owner has been notified and asked to repair, the rights of way officer (County Council) has no authority to force the landowner to repair. They can only advise on grants, etc.

I'm not out to make trouble or anything like that, I'd just like to know the legalities, ins and outs, etc. If it was a case of finances we may be able to raise a bit of money towards repair to help the landowner if that was the case.

I thought landowners where responsible to maintain public rights of way? I'm quite glad it has been closed before a serious accident occurred, but there are a lot of riders who would like it open asap!

Any advice greatly appreciated as it's closed a really lovely route and the alternative is a very long way round on the roads!

Smarties for all!! :)
 
I believe the landowner is primarily responsible for maintaining the bridge, they certainly are for stiles and gates, however, the highway authority (or the district council if it is maintaining the path) must, in certain cases, contribute 25% of the cost if asked and may contribute more if it wishes. If stiles and gates, so perhaps bridges too, are not kept in proper repair the authority can, after 14 days’ notice, do the job itself and send the bill to the owner.

Maybe worth having another chat with the council?
 
Thanks!

I'll contact the BHS. I've also just found a local Bridle Way Association online which I didn't know existed, so I'll probably feel guilty and end up joining them! ;) I don't want to ask them and not be a paid up member as I'm sure they do a good job.

I may try the District Council too. I'm not sure that they maintain the bridle path as it's across private fields as far as I know, but worth a shot!
 
Good luck it may be possible through the Affiliated Bridleways Group (for insurance) to organise a sponsored ride to help fund these repairs
 
The repair to the bridge is the responsibilty of the Highways Authority for your area possibly your County Council. If they say they are not responsible say the should look in the Blue Book A Guide to Law and Practice. 3rd Edition page 279 11.7.2 Bridges. If you are very keen you can serve a Section 51 enforcement Notice on the County Council through the magistrates court which should cost very little. The Chief Executive of you county council will be pleased to welcome the court officer as he does not need an appointment to serve the summons and most enjoy serving summons on the great and the good.
 
prehaps when found who is responsable offer help either monetary or manual looks good rather than go in all guns lazing as said bridge i would of thought will have to be a certain standard to take weight.
 
Sywell - thanks for that! I will look that up, should be interesting to see what they say about that!

I'm not really one to start causing trouble for the sake of it, but if they've passed the buck it might serve to focus the mind! I can be good at complaining when I want to be!

Cheers!
 
Mon - yes, I had thought of perhaps offering to make a donation towards the repair should the land owner not be able to afford (if it was them responsible - although it may now be the council - I need to investigate further!). There are a few very well off landowners around us and I'm not sure that they would get much support from local people, but I don't know who the owner is in this case. If it was the councils responsibility and budgets were tight we might be able to get something together towards the cost in order to perhaps bring the works forward.
 
I have heard back from the Council who have confirmed that if the bridge was just for the bridle path they would be responsible and would undertake the works immediately. However, the landowner has vehicular access over the bridge and as such the responsibility for maintenance falls to the landowner, who apparently in this case should be able to afford the repair. Some grants are available also.

Hopefully it will be sorted soon so we can hack that way in the lighter evenings!
 
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