ROWIP Condition Surveys
From GPG
The following are examples of how authorities refer to condition surveys in their ROWIPs:
Northumberland & Tyne and Wear
Rights of way improvement plan exemplar project Phase 2 - Condition and Accessibility
See the full report and the executive summary.
Final Report 19 March 2004
6. Condition surveys - Current survey methods
6.1 A second strand to the project was to examine what information authorities might need to collect by way of ground surveys, and further to consider how far this might be done by way of extension to the recommended methodology for the BV 178 surveys.
6.2 The recommended methodology for the BV 178 surveys is the result of joint work between the CSS, Institute of Public Rights of Way Officers and Local Government Association, supported by the Countryside Agency. It was prepared following the decision by the Audit Commission to retain an indicator for rights of way, but to reduce the number from two to one by bringing the previous indicator for signposting within the "ease of use" definition. The bodies responsible f or the methodology considered that there had been too much variation under the previous arrangements, where each authority devised its own method of doing surveys and calculating "ease of use".
6.3 The recommended methodology requires an assessment of rights of way against seven categories:
- Signposts
- Waymarking
- Bridges
- Stiles and gates
- Obstructions
- Ploughing and cropping
- Surface condition
6.4 Only if a right of way passes the tests in each category does it "pass" overall. As can be seen from the table at paragraph 4.47, the "failure" rate can vary significantly from category to category: this will also be influenced by the relative frequency with which, for example, bridges are to be found on the network as compared to stiles and gates.
Assessment and proposals
6.5 The best value indicator was prepared for a particular purpose- effectively it tests the compliance by authorities with their statutory duties to maintain rights of way, and to deal with obstructions and other nuisances, including ploughing/cropping. The recommended methodology reflects this purpose, and is weighted in its coverage to the "rambler" type of user, eg the recommendation to surveyors in the methodology to assume "that the route is being use d by a user or users, consistent with the status of the path, who are suitably attired and equipped with a 1/25000 map but without a compass".
Using the methodology more widely
6.6 The indicator is restricted in its coverage to routes shown on definitive maps. As mentioned above, the "local rights of way" which will be the subject of the improvement plans include, especially in Tyne and Wear, many other routes. The purpose and the coverage of the BV indicator need to be borne in mind when considering their relevance to the improvement plan process.
6.7 However there is no restriction on the use of the methodology for surveys other than for the indicator, and as reported at paragraph 4.23 the Northumberland National Park Authority has trained volunteers in the use of the methodology for park-wide surveys intended to provide complete coverage within 3 years, with key routes surveyed more often. As use of the methodology grows, it would seem practical to build on it by using it in other ways and for other purposes, as suggested at paragraphs 4.46-4.48. It could also be used to survey routes, such as those in Tyne and Wear, which are not recorded as definitive rights of way but which are likely to be considered as "local rights of way" for the ROWIP process.
A more objective assessment of the extent to which stiles interfere with the public's use
6.8 Comment has been made at paragraphs 4.50-4.54 above about authorities' records of furniture and associated lawfulness. Related to that is an issue of whether the BV methodology, and other past survey guidance, place too much emphasis on the subjective judgment of the surveyor when assessing the quality of furniture. Although best practice guidance on stile design, in the form of a British Standard, has existed since 1979, it has not, to the best of my knowledge, been used as the basis for objective assessment of the extent of interference caused by stiles to users. With the extra emphasis now in legislation, including that on improvement plans, on assisting those with mobility problems, it seems appropriate to consider whether a more objective form of assessment would provide additional and more objective information.
Countryside Agency Rights of way condition survey 2000 (CA94).
6.9 This estimated that there were 306,500 stiles on rights of way in England, or a stile on average every 478 metres of footpath. For Northumberland the estimate was 4018 stiles, which would give an average of a stile every 780 metres of footpath. The survey estimated that 86.3% of stiles were "satisfactory", with 11.9% needing attention, and 1.8% unusable. However the issues that the surveyors were asked to consider in respect of stiles were, according to the report:
- Is any part of the stile loose?
- Is the step over height reasonable?
- Is the tread height reasonable?
- Is the tread well placed, sufficient in area?
- Is the tread slippery?
- Is the stile free of barbed wire?
6.10 If these questions were all answered in the affirmative for a "typical" walker, then the stile was classed as satisfactory. If it failed on some points, but remained "passable" for a "typical" walker, then it was classed as needing attention.
6.11 It will be seen that although the surveyors were asked to consider the stile from the point of view of a "typical" walker rather than their own point of view as a professional surveyor, the judgment was nevertheless subjective there was no attempt to assess the dimensions of a stile against the requirements of the British Standard then in force.
Best Value Performance Indicator BV 178 and recommended methodology
6.12 The full definition of the performance indicator includes :
"surface and lawful barriers (e.g. stiles, gates) in good repair and to a standard necessary to enable the public to use the way without undue inconvenience"
6.13 The recommended methodology states in relation to furniture condition: Furniture Condition is to be recorded as being in one of the following states:
G = Good
M = Missing
A = Attention required but furniture useable
R = Replacement or Repair required immediately
If the Summary Section only is being completed then "Missing", and " Replacement or Repair required" should count as "defective"."
6.14 The state "Missing" does not apply to stiles, which means that only when a stile is regarded as being in immediate need of replacement or repair does it count as defective and cause a FAIL category to be registered. Surveyors are recommended to assume "that the route is being used by a user or users, consistent with the status of the path, who are suitably attired and equipped with a 1/25000 map but without a compass". Again there is no recommendation for objective assessment of the dimensions of the stile against the requirement of the British Standard.
Northumberland CC guidance on BVPI surveys
6.15 The County Council made available to me its own guidance on undertaking surveys for BV 178. For stiles this states:
"When assessing stiles and gates consider: Could a user negotiate the structure in safety. Bear in mind the nature of the rest of the path. If the path is generally easy to use, the structures should be likewise. If the path is strenuous to use, more challenging (!) structures may be acceptable. Barbed wire and electric fences under or over a stile- if well covered and not dangerous this may be acceptable, If uncovered, over or immediately adjacent to the structure- fail."
6.16 As with the other surveys, this guidance relies on the subjective judgment of the surveyor- I understand the surveys are normally carried out by County Council rights of way officers.
The accessibility of local rights of way to blind or partially sighted persons and others with mobility problems
6.17 The proposed objective assessment of the quality of furniture has relevance to the requirement to assess the accessibility of local rights of way to blind or partially sighted persons and others with mobility problems. Very little guidance has yet been given to highway authorities on the implications for rights of way work of the Disability Discrimination Act. Some information can, though, be found in guidance issued by the Secretary of State on matters to be taken into account in determining questions relating to the definition of disability and in the Code of Practice on Rights of Access to Goods, Facilities, Services and Premises issued in 2002 by the Disability Rights Commission (both available on the Commission's website www.drc-gb.org). Details of the information in these is in Appendix.2.
6.18 The Countryside Agency's forthcoming guidance lays stress on "access for all", which would involve the removal of any barriers such as stiles. Where this is not feasible, it suggests that when stiles need repair, all other options, such as removal of the stile or provision of a gate, should be explored before repairing the stile (it appears to assume that this is the authority's responsibility). However it appears from the Agency's survey information that the proportion of stiles that need repair is relatively small: the number which cause problems for users by virtue of poor design may be much higher. Only some objective assessment will provide an answer.
Proposals
6.19 Proposals for an objective form of stile assessment, using the criteria contained in the 2001 version of the British Standard, are in Appendix 1. The intention would be not only to ascertain what proportion of stiles failed to meet the requirements of the standard, but also to identify in what respects they failed, thereby making it easier for authorities to decide what remedial action to take, or to require the landowner to take.
6.20 In discussion on a draft of this report a request was made by some authorities for similar dimensions to be provided for other structures, not least because in and close to the major urban areas structures such as kissing gates were more common than stiles. Appendix 1 contains dimensions also taken from the British Standard.
