The maintenance of pathways, bridleways, and footpaths in Wem Rural Parish is governed by several legal frameworks in UK law. Here’s a detailed overview:
Responsibilities for Maintenance
- Shropshire Council
- Legal Reference: The primary responsibility for maintaining public rights of way, including footpaths, bridleways, and byways, falls under the provisions of the Highways Act 1980. This Act provides Shropshire Council, as the local highway authority, with the duty to maintain public rights of way to ensure they are in a safe and passable condition.
- Section 130 of the Highways Act 1980: This section specifically mandates that highway authorities must protect the rights of the public to use and enjoy highways, including footpaths and bridleways, and take action to prevent obstructions.
- Wem Rural Parish Council
- Legal Reference: Under the Local Government Act 1972, parish councils have powers to contribute to the maintenance and improvement of public paths within their area. While they do not have a statutory duty to maintain footpaths and bridleways, they may be involved in minor repairs and improvements through local initiatives.
- Section 6 of the Local Government Act 1972: This section allows parish councils to undertake works that benefit their local community, which can include maintenance activities on local pathways.
- Landowners
- Legal Reference: Landowners are required by law to keep public rights of way across their land unobstructed and safe for use. This is specified in the Highways Act 1980.
- Section 130 of the Highways Act 1980: This section also imposes a duty on landowners to prevent obstructions and ensure that the public can pass and repass over the paths that cross their land.
- Volunteers and Local Groups
- Legal Reference: Volunteers and local groups may assist with maintenance activities under the Countryside and Rights of Way Act 2000 (CRoW Act), which encourages community involvement in the care and management of public rights of way.
- Section 47 of the Countryside and Rights of Way Act 2000: This section supports the involvement of volunteers in the maintenance and improvement of public rights of way, facilitating local engagement in these efforts.
Contact for Specific Issues
You can report any specific issues with pathways, bridleways, or footpaths in Wem Rural Parish via Fix My Street. It’s easier if you are in the exact location as it will pick up where you are and if possible upload a photograph along with your report. You will then be kept up to date on the progress.
Once you have submitted your report send the reference to the Clerk who can follow this up if neeeded.
This structure ensures that public rights of way are maintained and accessible, with responsibilities shared among local authorities, landowners, and community members.
