If you've reported an obstruction on a right of way to the relevant highway authority but no action has been taken, it might be time to consider using the law to formally request the removal of the obstruction.
Highway authorities (i.e. county councils and unitary authorities) have a legal duty to remove obstructions which prevent the public from using rights of way in their area. If a highway authority fails to comply with this duty a member of the public can apply for an order to force it to do so.
Here we explain how the process works and in what circumstances it can be used.
Obstructions are a huge problem on the rights of way network. Highway authorities have a duty to remove obstructions and the power to fine the person(s) responsible.
The problem is that some highway authorities fail to take action on obstructions. To tackle this issue the Government made a law in 2000 which allows any member of the public to apply for an order to force a local authority to remove an obstruction. The law is at section 63 of the Countryside and Rights of Way Act 2000 and section 130A-D of the Highways Act 1980, so it is often referred to as 'section 63' or 'section 130A-D'. Here we refer to it as section 130A-D.
Section 130A-D can only be used if the obstruction is:
- a structure or item deposited on the right of way that 'significantly interferes' with public use; and
- on a path which is shown on a definitive map as a footpath, bridleway, restricted byway or byway open to all traffic.
Section 130A-D cannot be used if:
- the obstructed path is not recorded on a definitive map as a footpath, bridleway, restricted byway, or byway open to all traffic;
- the obstructed path is in an Inner London Borough;
- the obstruction is part of a building (temporary or permanent), works for the construction of a building, or a structure - such as a tent or caravan - designed for human habitation;
- the obstruction is a person; or
- the path is more correctly described as 'out of repair' than obstructed (a path is 'out of repair' if its surface is damaged, whereas an obstruction is a structure or thing deposited on the path).
The section 130(A-D) procedure is made up of four forms, some of which are filled in by the applicant and some of which are completed by the local authority. The forms are exchanged according to the following timetable:
s130(A-D) flow chart (pdf)
The local authority is likely to take prompt action to remove the obstruction if section 130(A-D) is used, because they will be aware that it allows the applicant to apply for a magistrates’ order if the obstruction has not been removed within two months.
However, it's worth pointing out that although there is no charge for starting the section 130(A-D) procedure, if you pursue the matter all the way to the magistrates' court there's a small risk of costs being awarded against you. In general you will only be liable for costs if your application for an order fails and:
- the status of the obstructed path is seriously disputed;
- arrangements had already been made - of which you were aware - to secure the removal of the obstruction within a reasonable amount of time;
- you behaved vexatiously in bringing the application
Because of the risk of costs we strongly advise people considering an application to the magistrates' court to take legal advice beforehand.
The forms which make up the s130(A-D) procedure can be downloaded here:
Form 1, Form 2, Form 3, Form 4, Form 5
The government produces guidance for local authorities on the use of section 130(A-D).
