Where fencing on common land would interfere with the use of any right of way.
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Where fencing on common land would interfere with the use of any right of way, you should consult the highway authority. Consent under section 38 does not authorise interference with any right of way (see subsection (9). A highway authority may authorise the erection of a stile or gate on a footpath or bridleway to prevent the passage of animals on land which is used, or being brought into use, for agriculture, forestry or keeping horses.