1.2 Council duties in relation to
public rights of way (page 4 of 5)

1.2.3 Signposting

The Countryside Act 1968, Section 27, gives a highway authority, after consultation with the owner or occupier of the land concerned, a power to erect and maintain signposts along any footpath, bridleway or byway for which they are the authority. The Section places a duty on the highway authority to exercise this power at every point where a footpath, bridleway or byway leaves a metalled road (path end signposts) and at other locations where, in the opinion of the authority, persons unfamiliar with the locality may require guidance.

A path end signpost must indicate the status of the path (e.g. public footpath) and may include a destination and distance if the authority considers such further information to be convenient and appropriate.

The Council can be relieved of its obligation under s.27 if it considers a signpost to be unnecessary and the parish or town council for the area agrees.

Although there are already over 2000 signposts on the rights of way network as a whole, their condition is generally poor. The Rights of Way Section has carried out extensive research into the improvement of materials and has concluded that enamel signs represent 'Best Value'. Such signs are currently manufactured on the Island and their use accords with the principles of developing a sustainable economy, as identified in the Agenda 21 Strategy for the Isle of Wight.

Objective Set a capital budget of £30,000 each year for 5 years to replace poor quality signposts throughout the rights of way network.

1.2.4 Protection

The duty of the highway authority to protect the public path network is set out in the Highways Act 1980 s130. There are two main duties under this section:

1. to assert and protect the rights of the public to the use and enjoyment of the highway (which of course includes the public path network);
2. to prevent, as far as possible, the stopping up or obstruction of highways. Council officers have to protect the rights of way network from three types of threat: obstruction; damaging the highway or disturbing the surface; and nuisance.

Obstruction
A highway obstruction has been defined by the courts as 'something which permanently or temporarily removes the whole or part of the highway from the public's use altogether'. Under the Highways Act 1980 s137, any person who, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway is guilty of an offence.

In relation to public rights of way, an example of 'lawful authority' is permission to erect stiles on footpaths under the Highways Act 1980 s147. This allows an owner, lessee or occupier to put up such structures, with the consent of the authority, on agricultural or forestry land to prevent the ingress or egress of animals. These structures then become licensed obstructions of the highway and, it is worth noting, any new stiles not so authorised are illegal.

An obstruction may be wilful even if the intention was something other than obstructing the highway; it is only necessary to show that the act which resulted in the obstruction was carried out by the exercise of free will.

However, s137 also says 'without ... excuse'. This implies that the reasonableness of the case must be taken into account. All of us from time to time cause a partial obstruction of the highway when we park on the road or stop on the pavement to talk to a friend. In such circumstances we would claim reasonable excuse. As Lord Justice Romer said "the law relating to user of highways is in truth the law of give and take".

The strip of land between the surface of the highway and the enclosing boundary is known as "the waste". It is also part of the highway. This is because the law presumes that where a path is enclosed by hedges or fences which have been erected with reference to the highway, the full extent of the enclosed area was intended to form part of the highway, unless there is strong evidence to the contrary. Under the Highways Act 1980 s130(4) it is the duty of the highway authority to prevent encroachment on to the highway waste.

Such encroachment on to the highway is a problem that often arises. The most common example is the case of someone extending his or her garden into a path. As stated earlier, 'something which permanently or temporarily removes.... part of the highway from the public's use altogether' is an obstruction. Such encroachments should therefore be treated as obstructions and dealt with accordingly.

A provision of the Countryside and Rights of Way Act 2000 (albeit one not yet in force at the time this strategy was being written) is that anyone may serve notice on the highway authority requesting an obstruction to be removed and appeal to the Magistrates if not satisfied by the response.