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Enforcement of Rights of Way

We often have to resort to using our powers to encourage landowners to observe their statutory responsibilities.

We'll serve a variety of notices to resolve problems on public rights of way. We've found that the quickest means to resolve an obstruction is through serving a notice.

While 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 2 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?

If you have problems carrying out the work we've asked for, such as the ground being too wet, you can talk to us and when there are exceptional circumstances we'll negotiate a revised date for you to complete the work.

Is there any assistance or 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 tel: 01629 533190.

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'll 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We observe our duties under the Data Protection Act and therefore your personal details will not be published.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 to 400 notices each year.

If you have any further questions about our enforcement policy please Call Derbyshire tel: 01629 533190.

For further information please see the Rights of Way Act 1990 policy attached to this page.