Common Land Guidance Sheet 11
Published 1 January 2015
Applies to England and Wales
© Crown copyright 2015
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Rights of way
The local highway authority should be consulted where fencing on common land would interfere with the use of any right of way. Consent under section 38 of the Commons Act 2006 does not authorise interference with any right of way (see section 38(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.