Harrogate Borough Council
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Roads & Highways - Enforcement
The Council has a duty to protect the public rights on the
road and footpath network. The effectiveness of legislation in
protecting the public is dependant on the compliance of
others.
Officers from time to time are required to deal with
businesses and individuals who for whatever reason breach the
statutory protection relating to highways. The initial aim of
officers is to assist businesses and others to comply with their
legal obligations without unnecessary expense or hardship. However,
ultimately, firm action will be taken against those who disregard
the law.
Enforcement action areas include, Public Rights of Way,
Highways and Highways Works associated with new developments.
Countryside staff have a duty to ensure that public rights of
way are open and safe for use, free from obstruction and clearly
marked. They are responsible for checking that works requested of
owners/occupiers of land eg. repair of stiles and clearance of
crops have been carried out to a suitable standard.
The Highway Authority has a duty to maintain adopted highways
to safe and serviceable standards. Staff have to protect the rights
of the public to the use and enjoyment of such highways by ensuring
they are free from nuisance, danger, obstructions, unlawful
stopping up, interference and encroachments.
Carriageways, footways, verges and footpaths serving new
developments will be adopted by the Highway Authority and
maintained at public expense provided they have been constructed in
accordance with the Authority's standards.
The Highway Authority has a duty to co-ordinate works on the
highway, including the works of Statutory Undertakers, in the
interests of safety, public convenience, the protection of the
structure of the street and the integrity of apparatus in it.
The Highway Authority also has powers regarding the timing of
Street Works and the restriction of such works within 12 months of
the completion of substantial road works.
Staff ensure that the requirements contained in the New Roads
and Street Works Act 1991, and its supporting Codes of Practice,
including those for traffic management and reinstatements are
carried out effectively and efficiently.
Officers may deal with matters informally or formally and the
action may lead to prosecution.
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