Introduction
1. Stiles and gates on public rights of way are allowed for two purposes: to prevent stock straying; and to allow access for permitted path users, whilst excluding others. Stiles and gates must have lawful authority; otherwise they may be considered a common law nuisance and an obstruction (both of which are crimes), and the person who put them there may be liable to prosecution.
2. This note provides information on how stiles and gates can be erected lawfully on a public right of way, and discusses design, maintenance, liability of landowners for defective stiles and gates, obstructed stiles and gates, and practical work. It also covers the implications of stiles and gates for walkers of advancing years, and those with mobility difficulties.
3. There are three ways (outlined below) in which a stile or gate can be erected lawfully on a public right of way:
- If a right of way first came into existence with a stile or gate across it the exercise of the right is deemed to be subject to the 'limitation' of a stile or gate (i.e. future landowners will have the right to maintain a stile or gate over the way in the same position. You can establish whether a right of way is subject to the limitation of a stile or gate by looking at a document called the definitive map and statement - the statement will list any limitations to the public rights of way shown on the map.
- A highway authority (i.e. the county council or unitary authority) has the power to authorise the erection of a stile or gate by a landowner, lessee or occupier if it's necessary to prevent the ingress or egress of animals on land which is used, or being brought into use, for agricultural or forestry purposes (including the breeding or keeping of horses). Authorisation may be subject to conditions regarding maintenance, and design, including dimensions. A landowner has no appeal against a decision by a highway authority not to grant authorisation or to impose conditions.
- A highway authority has the power to provide and maintain a stile where it thinks it necessary to safeguard persons using a footpath (for example, at the entrance to a wide footpath to prevent unlawful use by motor vehicles, horses or cyclists, or to aid passage at steep or difficult points along a path).
Design
4. There is no statutory design, height or width to which stiles and gates must comply. This is because each site differs according to the slope of the ground, the condition of the fence, wall or hedge and the materials to hand. Indeed the diversity of stile and gates designs found throughout England and Wales is generally considered to be an attractive feature of the path network and one that should be perpetuated, provided that they are maintained in a safe condition and are convenient for all users, including the elderly and less able, to cross.
5. The British Standard BS5709:2006 on Gaps, Gates and Stiles provides specifications for stiles and gates to ensure that they cause the minimum of inconvenience to users whilst fulfilling the requirement of substantially preventing the passage of animals. It states that the least restrictive option should be chosen. Specifications are provided to allow use with pushchairs, wheelchairs and other mobility vehicles, RADAR keys, horses and dogs. The Pittecroft Trust has a summary of BS5709:2006 on its website which can be viewed free of charge. The Ramblers' promotes the least restrictive option policy.
6. The British Trust for Conservation Volunteers (BTCV) states that the important elements to consider for stile and gate construction are durability, appropriate design for ease of use by elderly or disabled people and walkers with dogs, frequency and quantity of use and the type of stock in the field.
7. The majority of rights of way are publicly maintainable (i.e. the county council or unitary authority is responsible for their upkeep) and therefore as a general rule the owner of the land across which a public right of way passes is under no duty to maintain the way; however, stiles and gates are the exception to this rule.
8. Landowners have a duty under section 146 of the Highways Act 1980 to maintain any stile across a footpath or bridleway in a ‘safe condition’, and to the standard of repair required to ‘prevent unreasonable interference’ with the rights of users. This duty applies unless there is a specific agreement or condition to the contrary.
9. If the landowner complies with his duty, he is entitled to recover at least 25% of his costs from the authority. This provision was introduced under the Countryside Act 1968 as an incentive to landowners, but it has not had the desired effect of keeping stiles in good repair. Some highway authorities have, as an alternative, provided stiles and gates in kit form for landowners, or volunteers acting on their behalf, to erect.
10. In the event of a landowner failing to maintain a stile, no duty rests on a highway authority to carry out the work. However, the highway authority may, after giving not less than 14 days notice to both the owner and occupier, do any work necessary and charge the cost to the owner. The owner of a dangerous stile or gate may be committing an offence under the Health and Safety at Work Act 1974.
Liability for defective stiles
11. If a walker is injured, or suffers damage to his property (e.g. clothing) because of the condition of a stile, there are two grounds for maintaining that the landowner is liable:
- Firstly, Section 146 of the Highways Act 1980 imposes a duty on the landowner to maintain, in a safe condition, any stile, gate or similar structure across a footpath or bridleway;
- Secondly, under the Occupiers' Liability Act 1957. Since a stile or gate is not technically part of the right of way (being there for the advantage of, and owned and maintained by the landowner) liability rests with the landowner.
Obstructed stiles
12. If a stile or gate is obstructed with, for example, barbed wire, the highway authority should be informed. Obstructing a right of way is a criminal offence, and highway authorities have a duty to enforce the removal of any obstructions. If a highway authority fails to take action a member of the public can require it to do so.
13. Recent legislation has focused on removing obstacles experienced by people with mobility difficulties in the course of accessing public places. Section 19 of the Disability Discrimination Act 1995 makes it an offence for a ‘provider of services’ to discriminate against a disabled person. If a public body provides a new right of way and the height of the steps and of stiles on the path are of a dimension higher than those prescribed in the British Standard, an offence may have been committed under the Act.
14. Section 60–62 of the Countryside and Rights of Way Act 2000 places a duty on highway authorities to produce a Rights of Way Improvement Plan, which includes a requirement on highway authorities to assess the accessibility of its rights of way network for disabled, blind, or partially sighted people or others with mobility problems. That being so, it is open to the highway authority to assess the extent to which stiles and their step heights comply with the maximum set down in the British Standard.
15. Under Section 147ZA of the Highways Act 1980 a highway authority may enter into an agreement with the owner, lessee or occupier of land to carry out work for replacing or improving a stile that will result in it being safer or more convenient for persons with mobility problems, and the highway authority may agree to pay the whole or part of the cost.
Practical work
16. Voluntary groups who want to work on public rights of way must arrange to do so with the relevant highway authority. The landowner must be consulted by the authority or directly by the group. The procedure depends on the system operated by the particular authority. Many highway authorities provide a stile in kit form, which the owner or volunteers then install.
The British Standard for Gaps, Gates and Stiles (BS5709: 2006) is expensive to purchase. Fortunately, the Pittecroft Trust has produced an explanatory note on the standard, setting out eight ‘rules’ applicable to all compliant structures, which is available on its website.
Footpaths: a practical handbook, British Trust for Conservation Volunteers.
Rights of Way: A Guide to Law and Practice, John Riddall & John Trevelyan, Open Spaces Society and Ramblers’ Association, 2007.
