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Gating orders

Closure of public rights of way for crime prevention purposes

The Public Rights of Way Team is currently reviewing a new set of powers called “Gating Orders”, which is outlined below.  A draft policy has been produced which outlines our initial response to procedures which will be followed for implementation of gating orders in the borough.  Your views on this draft are invited.  The document can be accessed by clicking on the link at the bottom of the page.  

Please make comments in writing by 31 October 2008 - to the address below.

Background Information

Public rights of way form part of the highway network so pedestrians and sometimes horse riders, cyclists and horse drawn carriages have a right of access to pass along them. They can only be closed where a legal order process is followed to allow gates to be erected.

The Council previously attempted to close 6 public rights of way using Special Extinguishment Orders, which were introduced in 2000. The Gating Order policy will be an addendum to the Situational Interventions Policy which was used in those cases.  However, this process proved to be extremely lengthy, taking 5 years from start to finish.  Closure was not guaranteed, going ahead in 2 out of the 6 footpaths, due to the strict criteria of the legislation which resulted in a decision against closure.

Gating orders

  1. The powers to make gating orders are to be found in sections 129A-G of the Highways Act, and were introduced by the Clean Neighbourhoods and Environment Act 2005.
  2. The powers are intended to supplement the powers to make special extinguishment orders, and to be easier for authorities to use. Gating orders 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 remain 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.

Please make comments in writing to:

The Public Rights of Way Team
Engineering and Transportation
Walsall Council
2nd floor, Civic Centre
Darwall Street
Walsall  
WS1 1DG

Email publicrightsofway@walsall.gov.uk

By no later than 31 October 2008.

View the draft Gating Order policy (Word Document 133KB)

Next steps

Following the deadline for comments, all responses received will be reviewed and the final policy produced.  It will be submitted to Cabinet and Council for consideration in Spring 2009.

Contact us

The Public Rights of Way Team
Engineering and Transportation
2nd floor
Civic Centre
Darwall Street
Walsall
WS1 1 DG

Telephone 01922 652445
Email publicrightsofway@walsall.gov.uk