Gating Orders

The following information is of technical nature and some people may find it difficult to understand. If you would like any help with these pages, please call the following phone number 023 8083 3988 or email community.safety@southampton.gov.uk.

From April 2006, the City Council has a new power under section 129a of the Highways Act 1980 to make 'gating orders' to help deal with crime and anti-social behaviour. The Council may make a gating order to restrict the use, by the public of a 'relevant highway' for which it is the Highway Authority, and may authorise the placing of gates at each end or at any point on the highway.

A 'relevant highway' for the purposes of a gating order can be an alleyway, footpath, bridleway or carriageway (road) and any other path or track over which the public has a right of way, but special roads, trunk roads and classified or principal roads cannot be 'relevant highways.' Some 'ways' may be private, for example where they serve the rear of properties only and therefore may not be suitable for a gating order. The Council will be able to advise you if you are unsure whether the route that relates to this application is a public right of way.

The restriction may be full time or part time so that, for example, a highway may be gated only at night but open during the day. 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.

A gating order may not be made so as to restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway nor may it be made so as to restrict the public right of way over a highway which is the only or principal means of access to any dwelling.

If a highway is the only or principal means of access to any premises used for business or recreational purposes, a gating order may not be made so as to restrict the public right of way over the highway during periods when those premises are normally used for those purposes.

Local authorities have to be satisfied that residents and members of the public who use the relevant highway would not be inappropriately inconvenienced by its gating, and should be satisfied that alternative routes exist. The health implications of the order have to be considered as gating orders could potentially encourage the use of cars if the alternative routes are too long or lack pedestrianised sections. This has to be balanced against the health impacts facing pedestrians from the ongoing crime or anti-social behaviour.

Special consideration has to be given to the impact a potential order might have on disabled users of the highway to ensure that alternative routes are free from obstructions and are suitably paved.

IN WHAT CIRCUMSTANCES CAN A GATING ORDER BE MADE?

Before making a gating order the Council must be able to demonstrate the following:

(a) premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;

(b) the existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and

(c) it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.

The circumstances referred to in subsection (c) include –

(d) The likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;

(e) The likely effect of making the order on other persons in the locality; and

(f) In a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

Details of guidance, current existing and proposed gating orders in Southampton can be found by following the link on the right of this page.