http://www.legislation.gov.uk/ukpga/1980/66/section/80Highways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part V Improvement of Highways Fences and boundaries<CommentaryRef Ref="c13421251"/>Power to fence highways.801Subject to the provisions of this section, a highway authority may erect and maintain fences or posts for the purpose of preventing access to—aa highway maintainable at the public expense by them,bland on which in accordance with plans made or approved by the Minister or a strategic highways company they are for the time being constructing or intending to construct a highway shown in the plans which is to be a highway so maintainable, orcland on which in pursuance of a scheme under section 16 above, or of an order under section 14 or 18 above, they are for the time being constructing or intending to construct a highway.2A highway authority may alter or remove a fence or post erected by them under this section.3The powers conferred by this section shall not be exercised so as to—ainterfere with a fence or gate required for the purpose of agriculture; orbobstruct a public right of way; orcobstruct any means of access for the construction, formation or laying out of which planning permission has been granted under Part III or, in relation to England, Part 13 of the Town and Country Planning 1990 (or under any enactment replaced by the said Part III) and, in the case of a trunk road, consent has been given under section 175B (consent of highway authority required for trunk road access) ; ordobstruct any means of access which was constructed, formed or laid out before 1st July 1948, unless it was constructed, formed or laid out in contravention of restrictions in force under section 1 or 2 of the Restriction of Ribbon Development Act 1935.4As respects—aa highway that is a trunk road, andbland on which the Minister or a strategic highways company is for the time being constructing or intending to construct a highway that is, or is to be, a trunk road, either in accordance with plans made by him or it in which the road is shown or in pursuance of a scheme under section 16 above,the powers under this section may be exercised not only by the Minister or a strategic highways company but also, where the road or land is outside Greater London, by the council of the county or metropolitan district in which it is situated, or where the road or land is in Greater London, by ... the council of the London borough in which it is situated.S. 80 modified by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(12)Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(4)1935 c. 47. Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 19Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17Pt. V (ss. 62-105) extended (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 32(2)(a)Words in s. 80(1)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 25(2); S.I. 2015/481, reg. 2(a)Words in s. 80(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 25(3); S.I. 2015/481, reg. 2(a)Words in s. 80(4)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 25(4)(a)(i); S.I. 2015/481, reg. 2(a)Words in s. 80(4)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 25(4)(a)(ii); S.I. 2015/481, reg. 2(a)Words in s. 80(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 25(4)(b); S.I. 2015/481, reg. 2(a)S. 80 functions made exercisable concurrently (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 9(2)(p)(3)Words in s. 80(3)(c) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 8(2)