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Fence damaged

Reported via mobile in the Structures (eg bridges, fencing, noise barriers) (NH) category anonymously at 08:02, Sat 30 September 2023

Sent to National Highways less than a minute later. FixMyStreet ref: 5046323.

The fence is not stock proof from the bridge down the hill to the bottom and animals will soon be on the m6 on the southbound side

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  • Thank you for contacting National Highways. It is National Highways practice to accept responsibility for the construction or erection and maintenance of fencing along the motorway boundaries. This does not, however, absolve the adjoining landowner/occupier from the statutory obligations under the Animals Act 1971 to prevent stock from straying. In relation to livestock, the landowner has a duty of care. Under section 155 of the Highways Act 1980 the keeper of livestock has a duty to prevent animals straying onto the highway and commits a criminal offence if in breach of this duty. The only exemption to this is If the animals are grazed on unenclosed common land and the highway passes through that land. The wording of the Act does not require us to provide stock proof fencing to keep animals off the highway, but merely allows us to erect fencing to mark the highway boundary.

    Kind regards,

    National Highways

    State changed to: not the council's responsibility

    Posted by National Highways at 08:54, Mon 2 October 2023

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