Landowners are responsible for the maintenance of, and are liable for, any stiles on public rights of way over their land. But complaints about broken stiles and gates make up the vast majority of reports to the council – diverting officers away from their statutory responsibilities.
The county council is asking parish councils to consider talking to landowners to help them become aware of their responsibilities and to promote the financial support available through the rights of way consultation.
The county council is obliged to provide at least 25% of the costs of replacing or repairing a stile. It does this by providing standard stile kits at a subsidised rate. The county council is willing to contribute towards the cost of a gate where it replaces an existing stile. Whilst it’s not a legal duty, the council can arrange for staff or volunteers to install structures on private land with the permission of the landowner.
What is the task that local councils could carry out?
- Landowners are responsible for cutting back vegetation that encroaches on a path from the sides and above. The county council are asking parish councils, as part of the consultation, to tell the them if they would consider being its ‘eyes and ears’ and manage liaison with local landowners over most rights of way issues. Use this helpful guide to liaising with landowners
- Take part in the consultation.
- Installation or repair of a stile using the stile kit in collaboration with the landowners
How could local councils go about it?
Communities or contractors can carry out these tasks in collaboration with landowners.
Use this Method Statement
Use this helpful guide to liaising with landowners
What are some of the things local councils should consider when considering or carrying out this task?
- Presence of livestock – The presence of livestock doesn’t mean that you can’t carry out the work, but certain safety implications may apply – i.e. livestock may need to be removed if they pose a safety hazard.
What are the first steps?
- Carry out a pre-work site risk assessment
- Read advice on manual handling, use of hand and power tools and the positioning of vehicles whilst work is taking place
- Find out who owns the land to discuss their responsibility and how the parish council can help. Complete a Landowner Work Agreement Slip with them if needed.
- Carry out a risk assessment if you plan to use hand tools, hedge trimmers or strimmers Example Risk Assessment – hand tools, Example Risk Assessment – hedge trimmers, Example Risk Assessment Strimmers
- Read the hazards guidance notes and top safety tips for rights of way tasks
- Contact the county council if you’re in any doubt
Who should I contact to get the ball rolling?
- Approach the landowner in the first instance, and complete a Landowner Work Agreement Slip with them if needed.
- If you are in any doubt, or if you would like further advice, please do not hesitate to contact Staffordshire County Council via rightsofway@staffordshire.gov.uk