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Gating OrdersClean Neighbourhoods and Environment Act 2005 - England Only Section 2 inserts a new part in the Highways Act 1980. This section provides local authorities with a means to erect, or allow the erection of, a physical barrier to restrict public access to a highway over which the public would normally have a right of passage. This power will predominantly be used to address crime and anti-social behaviour in built-up areas but also applies to rural areas. A ‘gating order’ would restrict the public right of way over the highway and, where necessary, authorise the installation of gates or barriers to enforce the restrictions. This includes restricting access for certain periods or times of the day or at all times. Access for occupiers of premises adjoining or adjacent to the highway cannot be restricted, nor can a gating order be made if it forms the only or principal means of access to dwellings. If it forms the only or principal access to premises used for business or recreational purposes, it cannot restrict access during the times of day when these premises are normally used. Certain people may be specified in the order to be exempted from the restriction, such as emergency services and those with a legitimate reason for accessing any premises adjacent to the highway. In practice, this would involve the provision of keys to such people, or the opening of the gates during certain times/periods when such people would expect to use the highway. This power does not permanently extinguish rights of way, making it possible to subsequently revoke the restrictions and reinstate the public's right to use the highway, if appropriate. For further information on the procedure or advice on ‘gating orders’ contact sarah.slade@cla.org.uk.
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Policy Contact Sarah Slade MRICS
Media Contacts Ollie Wilson T: 020 7460 7936
T: 020 7460 7934
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A chartered surveyor with responsibility for CLA policy on public rights of way and access issues. Provides advice to members on issues arising from public access to the countryside.
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