Walking and Public rights of way

Gating Orders on Public Rights of Way

In built-up areas there are many minor highways giving rear and side access to properties and providing shortcuts between adjacent roads or blocks of properties.

They range from narrow footpaths and alleyways to highways capable of accommodating vehicles. Some of these highways provide opportunities to access the rear of properties for illegal entry and concealment and cover for criminal acts and anti-social behaviour.

The Council has faced increasing requests from members of the public to close or gate certain routes in an attempt to reduce the crime and anti-social behaviour they are considered to be creating.

The Council, as Highway Authority, has a duty to ensure that public rights of way are open, protecting the rights of the public to use and enjoy the road and footpath network. Consequently it is not possible to simply close or stop up a public highway without an appropriate legal order.

In 2006 new legislation introduced through the Clean Neighbourhoods and Environment Act 2005 came into force giving the Council the power to temporarily gate a public right of way where it can be shown that high levels of crime and anti-social behaviour, such as underage drinking, drug-taking or irresponsible driving, are occurring on the way and are having a negative impact on the local community. These orders are known as Gating Orders.

In response to the requests recieved, the Council has developed a procedure that sets out the process that we will follow when responding to a request to gate a public highway on the grounds of crime and antisocial behaviour. A copy of the procedure is available via the link on the right hand side of this page.

This Gating Order procedure will be the main method used by the Authority to gate public rights of way affected by crime and antisocial behaviour, however Special Extinguishment Orders are available and may be relevant in certain circumstances, such as where permanent closure is necessary, or in the case of school safety.

Gating a Right of Way

The following will need to be demonstrated if a Gating Order is to be made:

• high levels of crime and anti social behaviour are experienced which is impacting upon the community;
• there is an alternative route for users of the public right of way at times when the gates are closed;
• implementation of a Gating Order is an appropiate solution for the site;
• there is significant local support for the Gating Order

A Gating Order may be subsequently revoked or varied and does not enable the highway to be used for other purposes e.g. for a building to be erected on the highway. A highway does not cease to be a highway because a Gating Order is in place.

It is important to note that a Gating Order can only be made on an alleyway, footpath, bridleway or certain classes of carriageway (road) and any other path or track over which the general public has a right of way.

Routes considered as private, for example where they serve the rear of properties only, are not affected by this legislation and are unlikely to require or be suitable for a Gating Order.

We appreciate that it can sometimes be difficult to determine whether a route is open to the public generally, or is a private access for you and your neighbours. The Council will be able to advise you if you are unsure whether a specific route is considered as a public right of way.

It is recognised that Gating Orders will not be appropriate for all situations and is only one of a range of measures available that can be used to target crime and antisocial behaviour. The links below provide contact details and further information on a number of ways that we work with our partners to tackle issues of antisocial behavior:

• Antisocial behaviour
• Graffiti removal
• Flytipping removal

Current Gating Orders

Below is a list of Gating Orders that are proposed or have been made.

Gating Order 1 - Morris Croft (2007) Order and Plan

Notes

1. The powers to make and review Gating Orders are to be found in sections 129A-F of the Highways Act, and were introduced by the Clean Neighbourhoods and Environment Act 2005.

2. Gating Orders powers supplement Special Extinguishment Orders, and are more streamlined for authorities to use. They are similar to traffic regulation orders in various respects.

3. Unlike a Special Diversion and Extinguishment order, a Gating Order does not make a permanent change to the right of way: it simply restricts its use. The land will remain a highway so the council remains responsible for maintenance.

4. Gating Orders can be made for the purpose of reducing anti-social behaviour as well as crime. There are no special provisions for Gating Orders in relation to school security, although there is nothing to prevent a gating order from being made for a right of way across a school site.