Q&As

Are there any other powers a county council can use to authorise gates on a public right of way (PROW) other than section 147 of the Highways Act 1980 (HiA 1980), or utilise their own powers under HiA 1980, s 66 to install a barrier on a PROW for the safety of the public users?

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Produced in partnership with Laura Hughes of Browne Jacobson
Published on LexisPSL on 18/12/2017

The following Local Government Q&A produced in partnership with Laura Hughes of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Are there any other powers a county council can use to authorise gates on a public right of way (PROW) other than section 147 of the Highways Act 1980 (HiA 1980), or utilise their own powers under HiA 1980, s 66 to install a barrier on a PROW for the safety of the public users?
  • Section 80 of the Highways Act 1980—fencing highways maintainable at public expense
  • HiA 1980, s 102—hazards of nature
  • HiA 1980, s 115B—amenity
  • Section 92 of the Road Traffic Regulation Act 1984—where traffic order is in place

Are there any other powers a county council can use to authorise gates on a public right of way (PROW) other than section 147 of the Highways Act 1980 (HiA 1980), or utilise their own powers under HiA 1980, s 66 to install a barrier on a PROW for the safety of the public users?

This Q&A deals with the question of the powers available to a local authority when installing gates or barriers on public highways.

The question identifies the two most applicable powers in relation to authorisation of gating of, and gating of, public rights of way (PROW). However, several other powers exist which enable highway authorities to gate or fence highways in certain defined circumstances. We set them out below. For general information on PROW, see Practice Note: Public rights of way.

Section 80 of the Highways Act 1980—fencing highways maintainable at public expense

If the PROW is a highway maintainable at public expense, section 80 of the Highways Act 1980 (HiA 1980) gives highway authorities power to fence the PROW. However, this power cannot be used to obstruct the highway, so could not be used to put a gate or a fence across the PROW itself. Typically, this provision is used to fence in a highway, so as to prevent individuals or livestock or similar straying onto the highway unintentionally.

HiA 1980, s

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