Authorisation of Gates and Stiles on Rights of Way

A section 147 Highways Act 1980 Agreement

It is acknowledged that it is sometimes necessary for landowners, tenants, or occupiers of agricultural, livery or forestry landholdings to erect new structures across Rights of Way in order to manage and control livestock and other animals. Please be aware that they cannot be erected without first obtaining consent from this Authority and this guidance note offers the necessary advice on the process. Any new structures installed without prior consent will be treated as unlawful and constitutes an offence of obstructing the Right of Way, and action will be taken to ensure their removal.

Please note that it is not permissible to erect a new gate or stile across a Right of Way for reasons of security or privacy.

Replacement gates do not require this form of agreement.

What’s needed - a gate, gap or stile?

When considering granting consent for a new gate or stile, this Authority is legally required to employ the principle of “least restrictive access” i.e., have due regard to the needs of persons with mobility problems.

Therefore, when making an assessment the following questions are asked:

1. Is any form of barrier necessary here?
2. Could a gap be left instead?
3. If a barrier is necessary, can it be a gate?

Only gates will be authorised unless there are extenuating circumstances which necessitate a stile and only on a Public Footpath.

How to apply for authorisation

Please contact either:

1. Naomi Green (Area Manager – North & East): n.green@northyorkmoors.org.uk
2. Ben Jackson (Area Manager – West & South): b.jackson@northyorkmoors.org

The process

Once all the details of furniture type, location, specification, and certain conditions (listed below) have been agreed, the applicant will be required to complete a form and return it to the relevant Area Manager. Consent is then usually granted within 10 working days.

The certain conditions mentioned above are as follows:

1. If the tenant or occupier are applying for authorisation on behalf of the landowner, then written consent from the landowner must also be attached to the form.
2. All works must adhere to the British Standard for Gaps, Gates and Stiles – BS5709 (2018).
3. The applicant agrees to cover the cost of installation of the gate or stile, unless otherwise arranged.
4. The applicant agrees to maintain the gate or stile and ensure that it remains in a safe and usable condition at all times.
5. The applicant will not attach barbed wire to the gate or stile.
6. The applicant acknowledges that failure to maintain the gate or stile is unlawful and this Authority may take steps to ensure its repair and/or removal plus recover any costs incurred.
7. The applicant agrees that if the gate or stile is no longer needed for agricultural, livery or forestry operations, then it must be taken out.
8. The applicant grants consent for this Authority to affix waymarkers to the gate or stile after installation.

The application form is separate to this Guidance Note.

Consent form

Download the application form - Authorisation for a gate or stile on a Right of Way

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