Currently gates may only be erected on Rights of Way in certain circumstances, namely:
- where it can be shown that the stile or gate was present before/at the time that the right of way was dedicated.
- where they are shown on the Definitive Maps and Statement
- where the Local Highway Authority has approved a gate across a Footpath or Bridleway under the provisions of the Highways Act 1980.
The Deregulation Act 2015 will introduce a new power for Local Highways Authorities to grant permission to erect gates across Restricted Byways and Byways Open to all Traffic (BOATs) as well.
Through the Rights of Way Stakeholder working Group, the NFU is seeking to extend the use of gates for other purposes such as security, prevention of vandalism/ anti-social behaviour, miss use of routes, prevention of fly tipping/grazing or illegal occupation of land.
With no clear timetable for change, we are conscious that this is a long-term solution and not a short-term fix but we will continue to make the case for change.