Highways Act 1980,Section 31 Part six is there a downside?

[DrWazzock]

I intend to create a pernissive path round the farmyard to provide a pleasanter and safer experience for walkers than going through the farmyard. I wanted to divert the right of way round the farmyard but apparently that would cost eieventy billion pounds and they cant do it because of Brexit and covid and if just one bobble hatter complains it will need to go before the Secretary of State at a cost of another eleventy billion pounds and then it might not succeed.
So anyway, to reduce risk I’m on with the permissive path which I’m at liberty to create and they don’t seem to be able to thwart me. But they did suggest I should lodge a statement and then a declaration with the council under the above act to prevent establishment of a further right of way. There will be a cost of course. There always is, but is there a downside? Am I opening a can of worms? Should I just create the permissive path? Couldn’t really care less if the permissive path does become a right away.

 

[Johnnyboxer]

I intend to create a pernissive path round the farmyard to provide a pleasanter and safer experience for walkers than going through the farmyard. I wanted to divert the right of way round the farmyard but apparently that would cost eieventy billion pounds and they cant do it because of Brexit and covid and if just one bobble hatter complains it will need to go before the Secretary of State at a cost of another eleventy billion pounds and then it might not succeed.
So anyway, to reduce risk I’m on with the permissive path which I’m at liberty to create and they don’t seem to be able to thwart me. But they did suggest I should lodge a statement and then a declaration with the council under the above act to prevent establishment of a further right of way. There will be a cost of course. There always is, but is there a downside? Am I opening a can of worms? Should I just create the permissive path? Couldn’t really care less if the permissive path does become a right away.

Is it just for walkers or will you allow motorbikes and eMTB [emoji6][emoji41][emoji23]

 

[DrWazzock]

Just walkers. It’s a 20 m bypass to allow an existing public footpath to bypass the centre of the farmyard. There is no public access to it for motor vehicles.

 

[betweenthelines]

What's the point? Dedicated ramblers (and map followers) will continue to use the existing RoW.

 

[NLF]

I intend to create a pernissive path round the farmyard to provide a pleasanter and safer experience for walkers than going through the farmyard. I wanted to divert the right of way round the farmyard but apparently that would cost eieventy billion pounds and they cant do it because of Brexit and covid and if just one bobble hatter complains it will need to go before the Secretary of State at a cost of another eleventy billion pounds and then it might not succeed.
So anyway, to reduce risk I’m on with the permissive path which I’m at liberty to create and they don’t seem to be able to thwart me. But they did suggest I should lodge a statement and then a declaration with the council under the above act to prevent establishment of a further right of way. There will be a cost of course. There always is, but is there a downside? Am I opening a can of worms? Should I just create the permissive path? Couldn’t really care less if the permissive path does become a right away.

There is no downside to filing a section 31.6 statement and declaration. It costs approx £200 but lasts for 30 years. In my view it’s a no brainer.

I wouldn’t allow a permissive footpath without one. Yes you can protect a permissive path with signs (saying it’s only permissive etc) but over time signs get lost, and eventually in decades to come, someone may claim it as a right of way. The section 31.6 deposit makes it easy to refute the claim.

 

[Bald Rick]

I intend to create a pernissive path round the farmyard to provide a pleasanter and safer experience for walkers than going through the farmyard. I wanted to divert the right of way round the farmyard but apparently that would cost eieventy billion pounds and they cant do it because of Brexit and covid and if just one bobble hatter complains it will need to go before the Secretary of State at a cost of another eleventy billion pounds and then it might not succeed.
So anyway, to reduce risk I’m on with the permissive path which I’m at liberty to create and they don’t seem to be able to thwart me. But they did suggest I should lodge a statement and then a declaration with the council under the above act to prevent establishment of a further right of way. There will be a cost of course. There always is, but is there a downside? Am I opening a can of worms? Should I just create the permissive path? Couldn’t really care less if the permissive path does become a right away.

IIRC, you must shut the permissive at least for one day of a calendar year too to prevent it being designated

 

[NLF]

I think it’s a few thousand quid to reroute a footpath and yes someone will always object. In our area it’s not usually the ramblers who can be surprisingly pragmatic, it’s an organisation called the Open Spaces Society who were originally formed to protect commons but now focus more on rights of way.

 

[Kidds]

they cant do it because of Brexit and covid

You can actually go over the heads of the local council to avoid these rubbish delays and apply directly to the dept of transport/highways. Council don't like it but there's feck all they can do apart from being awkward which they do anyway.

 

[DrWazzock]

I think it’s a few thousand quid to reroute a footpath and yes someone will always object. In our area it’s not usually the ramblers who can be surprisingly pragmatic, it’s an organisation called the Open Spaces Society who were originally formed to protect commons but now focus more on rights of way.

That seems to be the consensus here and it can end up costing the taxpayer thousands as well as the landowner for no result. So the offer of an alternative route was considered the most pragmatic way forward. I should add I have never had a problem with any walkers through the place, just looking to reduce risk and provide a more pleasant experience entirely at the walkers choice. The route through the farm yard will remain exactly as it is.

 

[DrWazzock]

You can actually go over the heads of the local council to avoid these rubbish delays and apply directly to the dept of transport/highways. Council don't like it but there's feck all they can do apart from being awkward which they do anyway.

Still risks a lot of money wasted on a public enquiry for no result. I know it defies common sense but that’s how it is, unless I’m mistaken.