Paths Greenways Bridleways Tracks
PGBT
Paths can be dedicated subject to limitations such as gates, gaps and stiles.
If a limitation is desired subsequently, the landowner needs to apply to the
Highway Authority for permission under
s.147 Highways Act 1980.
Any authorisation given must be in writing (s.230 Highways Act 1980) and
may be made subject to conditions set by the council.
The Trust recommends that conditions be applied such that any change of use
of the land results in the authorisation lapsing. For example, if a gate is needed to keep
livestock in a field, and the farm changes to arable, then the gate is no longer
required and so should be removed.
The British Standard for Gaps, Gates and Stiles is numbered BS 5709. It requires the least restrictive structure to achieve the desired purpose, for example, if it is needed to stop cars flytippng along a bridleway, a width restriction is less restrictive to path users than a gate or horse stile.
The rules in Section 147 Highways Act 1980 were previously:
s.126 Highways Act 1959 and
s.56 National Parks and Access to the Countryside Act 1949.
While every endeavour has been made to give accurate information, the law is complex, subject to different interpretations and subject to change. The contents of this website are offered to help registered supporters and general readers, but do not constitute formal legal advice.