HSE to clamp down on farms this 2019

Bruce Almighty

Member
Mixed Farmer
Location
Warwickshire
When you look at the statistics of Agriculture deaths, it shows half of all deaths were people over 60 and about a quarter of them over 70 when most other industries workers would be long retired.

7 out of 39 were members of the public, mostly walking on footpaths. If that isn't a reason to sort out of re-routing a few paths, if H and S were really serious about tackling the issue.



I suspect that if you look at statistics of farmers deaths the highest killer is suicide
Bureacracy & stress contributes considerably towards this
 

kiwi pom

Member
Location
canterbury NZ
It's a complete joke that we can't move footpaths around farmyards. And to the edge of fields etc

I completely agree with you on that, its ridiculous that they cant be moved.
In fact its so ridiculous I do question it. Who here has actually followed the process to get a dangerous footpath moved- there must be one- and what was the reason for it being denied, did you get it in writing?
I find it very difficult to believe that the council or whoever's responsible would refuse to move it on H&S grounds.
I'm sure it's costly but it would be right at the top of my to do list.
Even as a tenant you should be able to fight it?
 

B'o'B

Member
Arable Farmer
Location
Rutland
I completely agree with you on that, its ridiculous that they cant be moved.
In fact its so ridiculous I do question it. Who here has actually followed the process to get a dangerous footpath moved- there must be one- and what was the reason for it being denied, did you get it in writing?
I find it very difficult to believe that the council or whoever's responsible would refuse to move it on H&S grounds.
I'm sure it's costly but it would be right at the top of my to do list.
Even as a tenant you should be able to fight it?
It is a costly and unforgiving legal procedure in the UK. One wrong move or an awkward busy body putting their oar in and you’re basically stuffed.
 

kiwi pom

Member
Location
canterbury NZ
It is a costly and unforgiving legal procedure in the UK. One wrong move or an awkward busy body putting their oar in and you’re basically stuffed.

Yes I understand its costly and complicated but If done properly then surely the council(?) gives a decision on its movement. Busy body or not they are then refusing to do something on H&S grounds. Hard to belive they'd put that in writing.
Which makes me think its the cost and process that prevents it from happening, not that it cant be done?
 

B'o'B

Member
Arable Farmer
Location
Rutland
Yes I understand its costly and complicated but If done properly then surely the council(?) gives a decision on its movement. Busy body or not they are then refusing to do something on H&S grounds. Hard to belive they'd put that in writing.
Which makes me think its the cost and process that prevents it from happening, not that it cant be done?
No there is an established legal principle that “once a highway, always a highway”. If you get planning permission it opens up easier avenues to move paths, but apart from that one objector who knows what they are talking about can completely kill the process, whether or not you have Council support for moving the path.
 

kiwi pom

Member
Location
canterbury NZ
No there is an established legal principle that “once a highway, always a highway”. If you get planning permission it opens up easier avenues to move paths, but apart from that one objector who knows what they are talking about can completely kill the process, whether or not you have Council support for moving the path.

Interesting stuff. So basically there's no point trying to move it because even if you get permission someone can come along and object and now you have two footpaths?
 
No there is an established legal principle that “once a highway, always a highway”. If you get planning permission it opens up easier avenues to move paths, but apart from that one objector who knows what they are talking about can completely kill the process, whether or not you have Council support for moving the path.

That 'highway' can also be an error on a Definitive map, un noticed and thus unchallenged by a landowner. I have a friend who is dealing with this at the moment.
And as for a definitive footpath going through cattle buildings, - words fail me.

HSE, biosecurity and common sense go out of the proverbial, as a red mist comes down over the Ramblers' Association's collective eyes.
 

B'o'B

Member
Arable Farmer
Location
Rutland
Interesting stuff. So basically there's no point trying to move it because even if you get permission someone can come along and object and now you have two footpaths?
If you knew what you were doing you wouldn’t open the new path until you had the order to move the right of way. The order would be worded so you couldn’t close the old path until the new path was open.
The legal test the new path would have to pass is that it must be “more commodious” than the old path. This basically means better in every single way. The effect is if someone objects to the path being moved because they like walking through farm yards for them the new path is “less commodious” and if they knew how to argue the point you are stuffed.
 

Paddington

Member
Location
Soggy Shropshire
Footpaths can be moved and quickly, but only if you know the right people. If say the footpath borders land belonging to the Royal family or someone about to enter the Royal family and is assessed a potential security threat the objections to moving it will suddenly disappear.
 

B'o'B

Member
Arable Farmer
Location
Rutland
Footpaths can be moved and quickly, but only if you know the right people. If say the footpath borders land belonging to the Royal family or someone about to enter the Royal family and is assessed a potential security threat the objections to moving it will suddenly disappear.
But mere mortals do not have access to that legislation and in theory those closures are generally only temporary albeit that they can be long term. WW2 bases closed a lot of paths and roads but in theory they are only shut while the areas are used for military purposes and should re-open when the base closes.
 

7610 super q

Never Forgotten
Honorary Member
TBF, £1100 doesn't sound too bad. I thought it might be 3 times that.

Probably add £100k onto the value of my property by not having these twaites taking shortcuts through my garden......
 

B'o'B

Member
Arable Farmer
Location
Rutland
There is a set price to move a footpath, and it doesn’t matter how long it is, or how far you move it 1.5m to either side of its line on the Definitive map.

Around here it’s about £1100, or was.
Is that just the council charge or does that include advertising it in London gazette as well? I think there are different rates depending on if it is an order made under the Highways Act or the Town and Country Planning Act.
 

B'o'B

Member
Arable Farmer
Location
Rutland
Changes from Oxford council.
B6AE5FE7-D8BC-4AD4-8212-111FE1D610DC.png
 

bovrill

Member
Mixed Farmer
Location
East Essexshire
Had one moved from through the middle of the yard a few years ago.
The advantage we had was that the path crossed a ditch about 100 yards down the field, and the council realised that it was their responsibility to install a bridge. Their quote/estimate was in excess of £35K, so they were keen as mustard to see it moved to follow the same headland all the way to the road.
We still had to pay the basic fee, and the rambler association eedjits still objected, but with the council actively pushing it, things went very smoothly, if slowly. Over ten years from start to finish in the end.
 

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