Use this page to understand the terms and conditions of obstructing a public right of way and find out how to apply to erect a gate on a public right of way.
Warning You must apply for permission to erect or alter any type of structure on or across a public right of way. Please note that the law does not allow the installation of stiles or gates across Restricted Byways or Byways Open to All Traffic.
Reasons for erecting a gate
- When a gate is required in order to control the movement of animals on agricultural land (includes land used for forestry and keeping horses).
- Where a structure is required for the purpose of safeguarding the public.
- When the Definitive Map and Statement records the presence of a structure as a limitation on the right of way.
Criteria and responsibilities
- All structures must be fitted with a suitable latch and will be made of suitable materials, constructed to a specification agreed with B&NES. On bridleways, the latch must be positioned so that it can be operated from horseback without difficulty.
- Proof is needed if the reason to erect a gate is to control the movement of animals.
- Grid matting filled with clean gravel chippings must be installed in the surface of the path covering a 1,000mm x 1,000mm area either side of a pedestrian gate and within the enclosure of a kissing gate. Gravel and grid matting must be replenished when necessary.
- The needs of individuals with disabilities must be considered when erecting a gate.
- We will affix direction (“waymark”) or information signs to the structures where necessary.
Measurements and specifications
- The distance between gate posts of a latched pedestrian gate must be no less that 1100mm.
- The distance between posts of a kissing gate must be no less than 1500mm
- A kissing gate must have additional room for manoeuvre of no less than 1000mm.
- The distance between gate posts of a latched bridle gate must be no less that 1525mm.
- If the gate has a self-closing mechanism, there must be a minimum closing time from fully open of eight seconds.
Maintenance
- All structures will be the property of the applicant and must be maintained by them.
- The applicant must inspect the structure at least once per year and carry out any necessary maintenance. this will include replenishing gravel within the grid matting where applicable.
Warning No other type of structure other than that for which authorisation has been granted shall be erected. Failure to comply with any of these conditions may result in Bath & North East Somerset Council requiring the removal of the structure.
How to apply
To apply to erect a gate, you need to complete the relevant form:
Gate authorisation application form
You need to send the completed application pack to us through our online form.