Electric Fences and Public Rights of Way

Electric Fence near Kissing Gate

Electric Fences and Public Rights of Way.

Further to the recent comments regarding the electric sheep fence that crosses Public Footpath PR4 between Green Lane and Bagley Lane, there is official advice and guidance about them.

Highways Act 1980, section 137, 137Z, and 149.:

Electric fences across a Public Right of Way

An electric fence erected across a Public Right of Way without a safe means of crossing is an offence. It is an obstruction to the Public Right of Way and a nuisance and a danger to members of the public wishing to use the Public Right of Way.

The protocol the Council(CHESHIRE EAST) has adopted in these matters is firstly to ask the owner of the electric fence to remove it immediately or, if it is necessary for agriculture, to provide an adequate means of crossing it on the line of the path.

The latter will require authorisation by the Council as it would constitute a new structure (see stiles and gates). If the owner fails to agree to either of these courses of action the Council will remove the electric fence where it affects the path without further notice. If the owner continues to commit further offences of this nature the Council will consider prosecution for obstruction.

Here s a photo at the other end where the new kissing gate is (Green Lane).

I m not convinced that everyone would be happy or find it that easy to simply stand on the wire – it is about 1m high at the kissing gate – and I m sure that the owners of the sheep would be rather upset if repeated standing on the wires caused damage and their sheep escaped onto the main road.