Walking and Public rights of way

Gating Orders on Public Rights of Way

Historically, it has not always been possible to close alleyways and routes that are open to and used by the public at large, for the purpose of tackling instances of antisocial behaviour or criminal damage. These types of routes are often referred to as public highways or public rights of way.

A recent change in legislation has however introduced new powers, which now allow the Council to make an order known as a gating order. Such orders permit the council to restrict access on a route and prevent the public in general from using it by installing lockable metal gates at either end of the route, or a section of the route.

Gating will only be considered in certain special situations when the Council in partnership with the Police, stakeholder organisations and local residents can clearly evidence that a route is the cause of persistent antisocial behaviour and/or criminal damage.

It is important to note that the gating of a public highways will only be an appropriate reaction to resolve anti-social behaviour in a relatively small number of situations. Gating is non-specific in the individuals it targets, and consequently whilst it can have a positive impact for resident living adjacent or near to a route, it can also have a significantly detrimental effect on the wider community.

Because of this, before pursuing a request to gate a public right of way, the Council will, in conjunction with the Police and its partners, work to implement other solutions to target anti-social behaviour issues before considering gating. Each case will be judged and assessed on its own merits, which will include an assessment of the availability of suitable alternative routes.

In response to requests to gate public highways, the Council has developed a policy and procedure for progressing requests utilising the new legislation.

Copies of the policy and procedure are available to view using the links on the right hand side of this page.

The procedure sets out the process that we will follow when responding to a request to gate a public highway on the grounds of antisocial behaviour.

The first step is for an inspection of the route to be undertaken, and its status to be determined.

The status of the route (whether it is considered to be a public or private right of way) will determine whether the gating legislation applies to a specific route. This is because the alley gating legislation does not effect private rights of way. Information on tackling antisocial behaviour and criminal activity occurring on private rights of way. 

We appreciate that it can sometimes be difficult to determine whether a route is open to the public generally, or is a private access intended only for certain individuals.

If the route were considered to be public, we would seek to meet with local residents to discuss their concerns and identify potential solutions to reduce the levels of issues occurring. To assist in this process and identify the types and scale of problems occurring at this stage, we request that residents complete diary sheets over a 4 week period. The sheets log all instances of antisocial behaviour occurring on a route. This information forms the basis on which an application is considered and without this information it is unlikely that we would be able to proceed.

If you would like any further information on alley gating please contact the Councils Neighbourhood Management Team on 0121 704 6000

Solihull Metropolitan Borough Council has made the following Highways Act 1980 Section 129A (Gating) Orders, which effect public rights of way:

Gating Order N^o 1 - Footpath under 70 Morris Croft, Smiths Wood (Executed 6^th March 2007)