Guidance for Landowners
Public rights of way must remain accessible, and any structures on them must be lawful and properly maintained. This guide outlines what landowners need to know about installing and managing gates and stiles on their land.
Landowner Responsibilities
- Landowners must ensure gates and stiles are safe and easy to use under Section 146 of the Highways Act 1980.
- Poorly maintained structures can cause injuries, and landowners may be held liable.
- Clearly way marked and well-maintained access points prevent confusion from becoming lost and protect fences and boundaries from damage.
Lawful Structures
Gates and stiles help manage livestock but must not obstruct public access. They are only permitted if:
- A structure existed before the right of way was recorded.
- A new structure is authorised under Section 147 of the Highways Act 1980, which allows gates or stiles only for agricultural or forestry purposes i.e., the ingress or egress of animals.
- Under Section 147ZA, new and upgraded structures must consider accessibility needs in line with the Equality Act 2010 and comply with British Standard BS5709.
Please note that structures are not permitted on byways.
Applying for a New Gate or Stile
Before installing a gate or stile, check if it is recorded as a limitation on the Definitive Map and Statement. If not, you are able to send in a representation for authorisation by contacting the Public Rights of Way Team.
Representation Form to erect a stile or gate on a public footpath or bridleway
In the terms and conditions of a section 147 agreement, there will be maintenance responsibilities and minimum width and design standard as per the following guidance:
- Gates are almost always preferred over stiles to improve accessibility. Stiles are only permitted in exceptional cases where no other option is viable.
- Existing historical stiles may remain if they meet basic accessibility criteria, otherwise you may be able to come to an agreement under s147Za to upgrade the stile to a gate.
- Minimum widths for Bridleway gates are 1.5m (5ft) and footpath gates and stiles must be reasonably wide for ease of access.
- Gates must open easily from both sides and self-closing gates with accessible latches are preferred.
- Electric fencing near gates must be insulated and clearly signed and any barbed wire on stiles must be covered to prevent injury.
- Steps and handrails must be stable and safe.
Once a structure is approved the landowner must install and maintain it to a required standard. If land use changes or the route is upgraded (e.g., to a bridleway), a new authorisation is required.
Installation Options
After receiving authorisation, landowners can build the structure using technical drawings provided by the Council. They can however also pay a fee for the Council to install it or purchase a structure kit from the Council for self-installation.
Compliance & Enforcement
The Council works with landowners and organisations (e.g., NFU, CLA) to ensure compliance. Unauthorised or neglected structures may lead to enforcement action.
The landowner may receive statutory notices if any structure is non-compliant. If the issue is not resolved, the Council can remove the structure and charge the landowner under Sections 143 & 147 of the Highways Act 1980.
FAQs
Do I need to maintain existing stiles and gates?
Yes. All structures must be safe and accessible. Tenants should check with landlords if unsure.
Can I replace a gate with a stile?
No. Gates are preferred for accessibility. Stiles are only allowed when no alternative exists.
Can I remove a gate or stile and leave a gap?
Yes, if livestock management is no longer needed. Gaps improve accessibility.
Will the Council help with maintenance costs?
The Council is obliged by law to offer a minimum of 25% towards the cost of repairs to structures over public rights of way. If you have a structure that is out of repair, the Council will offer a stile, or preferably gate kit as a replacement, when supplies are available.
Can I lock a gate on a right of way?
No. Locked gates are obstructions and unlawful. If you are unsure, please contact the Public Rights of Way Team for advice.
How do I apply for a new gate or stile?
Submit a representation under Section 147 of the Highways Act. Contact the Public Rights of Way Team at prow@cornwall.gov.uk for details or guidance.