EnforcementWe often have to resort to using our powers to encourage landowners to observe their statutory responsibilities.
We will serve a variety of notices to resolve problems on Public Rights of Way.
Here are a few of the questions we get asked.
Why do you serve notices rather than use persuasion?
We have found through experience that the quickest means to resolve an obstruction is through serving a notice.
Whilst the person responsible may resolve the problem within the time frame stipulated in the notice, failure to do so would lengthen the time it takes to resolve the report and involves greater resources. Serving a notice immediately saves around two weeks and allows other investigations to commence.
You have provided me with a free stile but I have still received a notice - why?
This is to ensure that we can invoke our powers (as soon as possible) if the new stile we have provided you is not installed within the time frame stipulated within the notice.
I have tried my best to do what you ask but I cannot get to the gate to repair it because the ground is so wet - what do I do now?
You can talk to us about these problems and when there are exceptional circumstances we will negotiate a revised date for you to complete the work.
Is there any assistance/advice to persons who have obstructed a Public Right of Way?
Throughout the process you can talk to us and we will offer advice as well as any assistance that is available to us. Please do not hesitate to Call Derbyshire on 08 456 058 058.
What happens if I do not remove the obstruction within the time stipulated in the notice?
If you fail to carry out the work required by the notice we will invoke our enforcement powers. If this happens you will be charged the cost to resolve the problem.
We always involve the Police in any enforcement action we take to protect our own personnel and to prevent any likely breach of the peace.
Do you keep a record of notices served on me and do you publish the information?
We observe our duties under the Data Protection Act and therefore your personal details will not be published. We will however inform the Rural Payments Agency if you fail to reinstate a path following ploughing or the cropping of a path in the second year of an offence being committed.
How many notices do you serve each year?
We serve in the region of 300-400 notices each year.
If you have any further questions about our enforcement policy please Call Derbyshire on 08 456 058 058.
For further information please download the Rights of Way Act 1990 Policy document from the more information section on this page.
The following document is in Portable Document Format (PDF). You can download software to view PDF documents for free from the Adobe website (opens in a new window)