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Obstacle at Grimley Worcester.

This stile on a well used path in Worcestershire has obviously been built with little concern for the person who has to traverse. A health and safety risk assesment should be obtained before attempting crossing.

Stiles on a Right of Way.

It is a misconception to assume that stiles and gates on public rights of way are for the benefit of the walker. In fact the reverse is true. The stile or gate is a concession to the landowner by the public to help the farmer keep his stock penned.

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.

A right of way can be likened to a lane across a field and must be kept free of obstructions at all times; a stile is a restriction of that right.

The landholder has no right whatever to put up gates or stiles where previously there were none. If he wants them then the Highways Act 1980 S147 allows a local authority or highway authority to grant permission, but only if the gate or stile is for the purpose of efficient agriculture or forestry as well as for preventing the ingress or egress of animals. It cannot be granted for any other purpose. They do not have to grant it, they may make conditions to avoid undue inconvenience to the public’s use of the path, and there is no appeal if they simply refuse to grant permission.

The Ramblers Association View.
Quote.
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.
However, the British Standard BS5709: 2001 on Gaps, Gates and Stiles (1) 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. BS5709: 2001 states that the least restrictive option should be chosen, in order of this preference: (a) gap (b) gate (c) kissing gate (d) stile. Specifications are provided to allow use with pushchairs, wheelchairs and other mobility vehicles, RADAR keys, horses and dogs. The RA promotes the least restrictive option policy. Quote.

The legal views expressed on this page are thought to be correct, if you think otherwise please feel free to contact. basil@worcestervista.co.uk