What Is A Gating Order?
A Gating Order is a legal order made and confirmed by the local Highways Authority which allows a restriction to be placed on a specified highway for the purposes of combating crime and anti-social behaviour.
It is intended to be a temporary restriction put in place until the crime and anti-social behaviour issues have abated at which time consideration should be given to revoking the Order to allow the free use of that highway to be returned to the majority who are the law abiding public.
During the period of restriction authorised under any Gating Order, the highway status of the relevant highway is retained. The highway status is never extinguished under Gating Order legislation.
When Can The Highways Authority Make A Gating Order?
Before making a gating order in relation to a relevant highway the council must be satisfied that;
- premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;
- the existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and
- it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.
In deciding if it is expedient to make a Gating Order, the Highways Authority must consider the impact that the Gating Order will have not only on residents adjacent to the relevant highway but also on other persons in the locality. Consideration will be given to elderly and disabled residents and will also include the availability and convenience of alternative routes, particularly to local services, schools and shops.
It must be remembered that any decision to place a restriction on a highway is an important one and must not be taken lightly. The right of every law abiding individual to use the highway must be balanced against the need to improve the quality of life of those residents directly affected by the persistent crime and anti-social behaviour.
Further information and a full list of the public path gating orders in the borough can be found on the Public Path Gating Orders Register page.