Authorisation of gates, stiles and other structures

A landowners guide

We aim to have a network of Public Rights of Way that are free from obstructions and are easy to use by everyone. This includes families with pushchairs, the elderly, partially sighted and disabled people who may all have problems using these paths in some way. However, it is accepted that sometimes structures such as gates or stiles are needed by landowners. The law understands this and whilst it is unlawful for you to put up gates, for example, as you see fit there are means through which you can get permission from us if you can prove that one is needed.

Stiles and gates are the most common type of structure you might want to put on a path but they are not the only type. For this reason we often use the term structure to refer to anything that might be placed or built on a path. In a similar way the term limitation refers to anything that might 'limit' someone's use of a path. Gates and stiles are 'structures' on a path that 'limit' that paths use. For example, a stile might limit someone with a pram as they would have to lift the pram over the stile to continue on their way. These limitations cannot be put on a Public Right of Way simply at your discretion though as they would be considered unlawful and we would seek their removal. The public's free passage can only be interrupted by such structures under certain circumstances and section 147 of the Highways Act 1980 gives us the power to authorise this.

The information on this page explains the law relating to structures on Public Rights of Way. It explains when you can be given permission for a structure and explains both your responsibilities and ours. There is also guidance on how to apply for a structure on a public footpath or bridleway on your land.

• What the Law says about structures on a Public Right of Way
• When are stiles and gates allowed on Public Rights of Way?
• Gates and Stiles in Plymouth
• Getting permission for a structure such as a gate or stile
• What type of structure?
• Who is responsible for paying for stiles and gates?
• Who looks after the structure in the long term?
• The Application Process
• Council Enforcement Powers

What the Law says about structures on a Public Right of Way?

We have a duty to protect the rights of the public to use and enjoy the Public Rights of Way in Plymouth. In doing so we will seek to ensure Public Rights of Way are open, available and free of obstructions at all times. The Highways Act 1980 section 137 clearly states 'If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he/she is guilty of an offence'. If you put a stile, gate or other structure on a path without getting permission to do so you are obstructing that path and are committing an offence. If however you are able to prove the need for a structure on a path we are able to give you permission and you may install the structure without committing any offence as you would have done so with our permission.

If you are a landowner you should be aware that without this permission any stile, gate or other structure is unlawful and will be removed.

When are gates and stiles allowed on Public Rights of Way?

We might give you permission for a gate, stile or other structure:

• when it is required in order to control the ingress or egress of animals
• where a structure is required for the purpose of safeguarding the public
• when the Definitive Map and Statement has recorded the presence of a structure as a limitation on the right of way
• where a stile or gate traditionally existed in a held boundary for many years and pre dates the recording of the right of way

A limitation that does not meet any of these criteria is unlawful and subject to enforcement action.

Gates and stiles in Plymouth

As a mainly urban area Plymouth has historically not received the level of attention, with regards Public Rights of Way, that many more rural areas have benefited from. However, we think Public Rights of Way in Plymouth are very important to the people who use them so we will do everything we can to make sure peoples rights are protected. Stiles and gates do limit use for many types of user and we can't allow them to be put on a path without a good reason.

We are about to do a survey of all the Public Rights of Way in Plymouth and part of this will include recording limitations on those paths shown on the Definitive Map. At the moment we have not given permission for any limitations so once we know where they all are we will either give the landowners permission to keep them or make them take them down. [Back to top]

Getting permission for a structure such as a gate or stile

We can give you permission to erect a gate, stile or other structure on a Public Right of Way across your land if you meet the terms of section 147 of the Highways Act in that it can be justified that the land crossed by the public footpath or bridleway is being used for agriculture, and that in order for this agriculture to be carried on efficiently, a structure is needed to control the ingress and egress of animals. If the land stops being used for agriculture and there is no longer any need to control livestock, then the structure should be removed.

The law does not allow gates or stiles to be erected on Byways Open to all Traffic (BOATS).

If you wish to seek permission for a limitation you should contact the our Rights of Way Officer who will send you the application pack. You may also download the application pack from this site.

What type of structure?

We will authorise limitations that are easy to use for as many people as possible balanced against the need for effective stock control. We will also consider the needs of the disabled. Stiles for example are prohibitive to many groups of users such as the elderly, families with pushchairs, disabled people and those who are partially sighted. As such we will consider requests for gates as a priority. Requests for field gates will take precedent over other gates (kissing gates for example) and at the current time little consideration will be given to applications for a stile unless this is to replace an existing authorised stile and where you have successfully demonstrated that there is no local need for greater access by the public.

Each application is judged on its merits considering the type of animals involved, the level of use, the status of the path and the likely impact on users.

Who is responsible for paying for stiles and gates?

Whilst a limitation is erected on the right of way, it is not part of it. A gate or stile is to your advantage as the landowner and makes sure your land is effectively enclosed. Making it harder to use a path is not in the publics interest. As such, supply and construction of the limitation is to be at your expense, but subject to our inspection and approval.

Who looks after the structure in the long term?

You are responsible for the long term maintenance of the limitation. This is a requirement of section 146 of the Highways Act 1980 which states:

• Any stile, gate or other similar structure across a footpath or bridleway shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of the persons using the footpath or bridleway. [Highways Act 1980 section 146(1)]
• If it appears to the appropriate authority that the duty imposed by subsection (1) above is not being complied with, they may, after giving to the owner and occupier not less than 14 days notice of their intention, take all necessary steps for the purpose of repairing and making good the stile, gate or other works. [Highways Act 1980 section 146(2)]
• The appropriate authority may recover from the owner of the land the amount of any expenses reasonably incurred by the authority in and in connection with the exercise of their powers under subsection (2) above, or such part of those expenses as the authority think fit. [Highways Act 1980 section 146(3)]

We will pay 25% of the reasonable cost of repairing or replacing a structure that we have given permission for. This contribution may however take the form of labour or by supplying materials. For example, we may provide you with a stile kit to build and install yourself or provide the labour to build the limitation that you have already provided. [Back to top]

The application process

If you wish to get permission for a limitation the first step would be to contact our Rights of Way Officer with whom you can discuss the proposal and who can send you the application form. You can also download a copy of the application pack from this website. The application form includes a copy of the terms and conditions that will apply to any permission we give and you should check these to ensure you are able and willing to meet these.

The completed application form should be returned to the Rights of Way Officer who will inspect the site to make sure the application complies with the legislation, ie the structure is required for the purposes of stock control.

Once we are happy that the application meets the criteria, a provisional authorisation will be issued which gives you permission to install the structure. This permission depends on our inspection and approval. This will be given following discussion as to the type of structure used, the specification of that structure and the means by which it may be installed. There are a number of options open to you when you reach this point, for example:

• we can provide you with a technical drawing setting out the specifications and you can supply, construct and install it yourself.
• you can pay us a fee to have the structure supplied and installed by a contractor.
• you can pay us a fee to supply you with a kit and you can install it yourself.

Irrelevant of how and by who the structure is installed you must inform us once the work has been completed and is ready for inspection. If after this inspection the structure is approved you will be given full permission. This permission will include a site plan and details of the application which you should keep so you can produce them later if asked. Without this final approval the structure is unauthorised and we will have to remove it at your expense.

If, after you have been given full permission, any of the conditions relating to it cease to be met, ie stock are taken out of the field, permission  is withdrawn and the structure must be removed. In this instance you retain the right to put the structure back should the conditions be met in the future.

An application will be refused if it does not meet the terms of section 147 of the Highways Act 1980. There is no appeal against our refusal to grant permission or imposing any conditions and it is up to you to prove the need for the structure to us.

Council enforcement powers

We accept that the majority of landowners abide by their obligations under the Highways Act 1980 and keep structures on their land safe and well maintained. We will always work with landowners and occupiers to ensure the requirements of the legislation are met. However, where dialogue fails or there are instances of repeat occurrences we will take firm action to resolve cases of unlawful obstructions or failure to maintain.

If such action becomes necessary we have powers to serve notice on you requiring you to take action within a given time period. Should you not do this you will have committed a criminal offence and we are able to carry out the work ourselves and recover our costs in doing so from you through the Courts.

If you repeatedly fail to comply with a notice we may consider prosecution as an option, which may result in requiring the work to be done at your expense and a fine being imposed on you by the Court. We might also ask for costs against you.

The Section 147 Application Form and Guidance Notes which you will need to fill in if you want permission can be downloaded from the 'Useful Forms and Guidance page'. [Back to top]