Group calls out Wiltshire Council's management of byways

The Open Spaces Society, a national conservation body, has called for Wiltshire Council to do better with  blockages across its rural tracks.

The council has said it is “very disappointed” to see the society’s statements and that it is “committed to responsibly managing” the county’s extensive network of public rights of way.

Obstructing a public right of way is a criminal offence and the highway authority has the right to demand landowners remove obstructions.

Public rights of way are paths and tracks that anyone can use at any time to cross private land. (Image: Google)

These blockages can vary from gates to crops, which prevent walkers, cyclists and riders from accessing the paths.

According to the Open Spaces Society, it has notified Wiltshire Council of more than 30 such structural obstructions in seven different parishes so far in 2024, and has proposed a timetable to remove these obstructions. 

However, it says that following a statutory notice from the Open Spaces Society, just one set of gates has been removed from a byway near Warminster.

The society also claims to have written several times to the head of highways at Wiltshire Council asking him to protect specific byways from ploughing and the planting of crops but has received no reply.

Wiltshire Council has stated that “many of the reported concerns” have already been addressed.

Kate Ashbrook, the general secretary of the Open Spaces Society, said: “Wiltshire has a wonderfully extensive rights-of-way network, with many byways which provide opportunities for a multiplicity of users to enjoy this beautiful county on foot, horseback, bike, and horse-and-carriage.

“Wiltshire Council has a legal duty to protect and assert the rights of the public to use these rights of way.

“This is not happening though, evidenced by over 30 significant byway obstructions in seven parishes.

“We urge Wiltshire Council to do better and we intend fully to play our part in holding it to account.”

Cllr Nick Holder, cabinet member for highways, added: “Wiltshire has an extensive network of public rights of way and we’re committed to responsibly managing this important resource which brings significant benefits to our residents and visitors.

“We’re very disappointed to see the latest press release from the Open Space Society (OSS) which suggests a lack of engagement from the council on the issues raised.

“Our countryside access team is in regular contact with the local OSS representative, and we provide regular updates on the issues referred to in the release, as well as any other concerns raised.

“While we recognise some issues remain unresolved, many of the reported concerns have already been addressed.

“We value maintaining positive relationships with landowners to address concerns where it is not necessary to instigate a drawn out legal process as this is often the best way to ensure the best possible outcome for byway users.

“However, we do use the legal processes available to us where necessary.

“We’re committed to continuing our collaboration with the Open Space Society, and all other interested parties, to maintain and enhance Wiltshire’s public rights of way network to meet the needs of all users in line with our Business Plan priorities.”

The responsibility of maintaining public rights of way is shared between Wiltshire Council and the landowner where the path exists.

Wiltshire Council’s responsibilities include making sure public rights of way are free from obstructions, clearing the vegetation growing from the surface of the path, signposting rights of way, maintain bridges and providing at least a 25 per cent contribution towards the landowner’s stiles and gates costs.