Section 8.3 - Selecting the structure type

The type of structure chosen will depend on:

Path Status

Legislation restricts the type of structure that can be authorised on the basis of the status of the route, for example, under s147 structures can only be authorised on footpaths and bridleways. The following table shows the relationship between the legislation, structure type and status of routes.

Least restrictive option

All structures should present the least restrictive option to lawful users of that route.This should be consistent with the legal requirement and purpose of the structure i.e stockproofness under s147.The table below shows in preference order the least restrictive option, bearing in mind the status of the route and accessibility by all lawful users.For example, a gap is the least restrictive option for any status of path or a bridle gate is the most restrictive option that could be considered on a bridleway.

HCC will take a proactive role in improving public access as required by s130 [Highways Act 1980], the Countryside and Rights of Way Act 2000 and national guidance [BS5709; National Code of Practice]. Stiles will only be considered as replacement structures where there is no local need for easier access and an alternative structure cannot be made suitably stockproof e.g. a self closing latched gate or a kissing gate.

Structure types can be modified to make them less restrictive, for example, kissing gates can be made larger to accommodate pushchairs or wheelchair users. Equally structures can be used together to provide better access, for example, stiles can be equipped with dog gates or horse stiles could be provided in combination with a radar gate.

People with Disabilities

HCC will have a duty to regard the needs of persons with mobility problems in exercising Highways Act 1980 section 147 [Countryside and Rights of Way Act 2000, s69 not yet in force]. HCC also has a duty to regard the needs of disabled and blind when executing works [HA80 s175A], and where restrictions to people with disabilities may be created [DDA95], and will therefore consider access for persons with disabilities wherever restrictions are installed.

Stockproofing requirements

The type of structure authorised will depend on the applicants requirements for stockproofing balanced with the public's rights to use the route without undue inconvenience [HA80 s147(2)]. To this end stiles are no longer recommended in Hertfordshire. The only exception is where absolutely essential for preventing the ingress or egress of a particular animal type that cannot be achieved by any other less restrictive structure.

The least restrictive option should always be chosen and can be made more stockproof with the addition of netting, latches, self-closing mechanisms etc.

Officers have the discretion to refuse an application where it would present undue inconvenience to the public e.g. too many structures along a section of path OR where the route is promoted for easy access OR refusing an application for a stile where a less restrictive structure could be used. Landowners should consider alternative arrangements where possible, such as fencing against the route or locating stock in fields not crossed by public paths.