Chapter 9 : Obstructions and other nuisances
Links and downloads referred to in the text of Chapter 9
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| 254 | Cases in which magistrates convicted persons of unlawfully obstructing a path by causing crops to grow on it. | download [file BBE10] |
| 271 | Cattle and public access in England and Wales : Agriculture Information Sheet No 17EW (Health and Safety Executive, 2006) | download |
| 271 | Code of Practice for Using Plant Protection Products (Defra Pesticides Safety Directorate, 2005) and see correction notes re rights of way on the website | link |
| 271 | Cross Compliance guidance 2010 (Rural Payments Agency) | link |
| 271 | Entry Level Stewardship Handbook (Natural England NE226, 3rd edition, 2010) | link |
| 271 | Environmental Protection Act 1990: Code of Practice on Litter and Refuse (Defra, 2006) | download |
| 271 | Higher Level Stewardship Handbook (Natural England NE227, 3rd edition, 2010) | link |
| 271 | Managing public access - a guide for farmers and landowners (Countryside Agency CA210, 2005) | download |
Supplement to the text of Chapter 9
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| 237 | 9.1 In Herrick and Kidner v Somerset CC (2010), Cranston J said (obiter) that the authorities establish ‘a number of principles with regard to an obstruction of the highway: first, members of the public are in general entitled to unrestricted access to the whole and each part of a highway; secondly, their right to such access is principally to pass and repass but it is also to enjoy other amenity rights; thirdly, those other amenity rights must be reasonable and usual and will depend on the particular circumstances; fourthly, any encroachment upon the highway which prevents members of the public from the enjoyment of these access and amenity rights is an unlawful obstruction; fifthly, the law ignores de minimis, or fractional obstructions; and sixthly, a highway authority cannot deprive itself of the power to act against an unlawful obstruction by refraining from exercising its statutory powers against it, or by purporting to give it consent.’ (Para 33.) | link to judgment |
| 240 | 9.2.3 In Herrick and Kidner v Somerset CC (2010), Cranston J said ‘In my view interfere [with the right of passage] means to get in the way of, in other words, the structure must impede the right of passage or prejudice other amenity rights, either generally or in particular. There is no reason to confine interference to physical interference. An object can get in the way of the right of passage or other amenity rights because of its psychological impact.’ (Para 47.) (Gateway constructed at entrance to drive leading to a country house consisting of three square, brick pillars, with a single gate for pedestrians on one side of the central pillar and double gates for vehicles on the other side; gateway held to constitute obstruction of public footpath; Crown court (instead of ordering the removal of the central pillar and the gates, and the erection of a finger post indicating a public footpath) should have required total structure to be removed.) | link to judgment |
| 244 | 9.3 Advice formerly in circular 2/1993 is now, for authorities in England, in Defra circular 1/09, chapter 6. | download |
| 258 | 9.7.2 Guidance for enforcers in England on dangerous dogs law has been published by Defra. | download |
| 261 | 9.8.2 HA 1980 s 147, subsections (2A) and (2B), added by CRWA 2000 s 69, provide that in exercising the power under section 147 to authorise a gate or a stile, an authority must have regard to the needs of persons with mobility problems and empowers the Secretary of State to issue guidance on this. The provision was brought into force in Wales on 1 April 2007: Countryside and Rights of Way Act 2000 (Commencement No.9 and Saving) (Wales) Order 2006. The Welsh Assembly Government has issued statutory guidance to local authorities in Wales. The provision was brought into force in England from 1 October 2007 by the Countryside and Rights of Way Act 2000 (Commencement No. 14) Order 2006. Defra has issued non-statutory guidance to local authorities in England. |
download the Welsh guidance link to the English guidance link to Welsh order link to English order |
| 261 | 9.8.2 Extended advice to authorities in England on stiles and gates is included in Defra circular 1/09, paragraphs 6.7 to 6.11 | download |