Darlington Borough Council’s Countryside Team has put forward guidelines about tackling the problem lines of paths being ploughed out or being under crops.
It is sometimes difficult for people to appreciate the severity of the problem of ploughed and cropped paths. Whilst these are not permanent obstructions, from the time the crop starts growing, it has the same effect as a locked gate or a hedge across the path. If people do try to battle through, they can get unnecessarily wet if it has recently rained, or covered with pollen if struggling through a field of oil seed rape in flower.
Farmers must uphold The 1990 Rights of Way Act
The 1990 Rights of Way Act states that a farmer must not:
a). Plough a headland footpath or bridleway (that's a ‘path’ that runs alongside the hedge) at all.
b). Plough a cross-field path if it can be avoided. Once a cross-field path has been ploughed it must be reinstated within fourteen days. Basically this means that it must be rolled/cleared so that the line of the path is visible.
The path must be kept clear of growing crops: The minimum widths for ‘paths’ are:
- 1 metre for a cross-field footpath
- 2 metres for a cross field bridleway
- 1½ metres for a headland footpath
- 3 metres for a headland bridleway
- The full width of the path must be kept clear and visible at all times.
c). Plough a byway or an unclassified county road at all.
Darlington Borough Council is coming under constant pressure to ensure that farmers do comply with this law.
As a last resort, the Borough Council would serve Statutory Notice on the farmer. This would legally oblige him/her to reinstate the line of the path, within a specified time limit. If this was unsuccessful, then the Council would then carry out the necessary works, and recover the full cost (including officer time) from the farmer. If the problem recurred, it could mean an appearance in court, a fine or even imprisonment.
The Rights of Way Section makes every effort to foster and sustain good relationships with local landowners and farmers. We can help by promoting public awareness of rights and responsibilities and by encouraging the farmers to fulfil their legal obligations.
It is much easier to restore a Right of Way, at the time of seed sowing than for the Council to have to cut down a path through a grown crop.
If you are a landowner or tenant farmer and are unsure as to what you should do, please contact the Countryside Team on (01325) 388643 or countryside@darlington.gov.uk
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