Gating Orders

Brahaz between Bramhall and Hazel Grove Greater Manchester has a gating order in place in place on Bramhall FP28. The path remains on the definitive map but during the time the Order is in place it's closed. This was not a cheap job, the gates are substantial so don't expect a reopening soon. Fortunately a simple and straight forward alternative is available here but it could be an issue elsewhere.

From April 2006, local authorities were granted new powers under section 129A to 129G of the Highways Act 1980 to make 'gating orders' to help deal with 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.

Unlike a Stopping up Order, a gating order doesn't stop existing rights of way permanently. It can be revoked or changed if necessary. In order to impose a Gating Order, the local authority must be satisfied that three criteria are met:

    The shops or houses on the 'relevant highway' are affected by crime or anti-social behaviour
    The 'relevant highway' is contributing to criminal offences or anti-social behaviour, and;
    It is appropriate to impose the order to reduce crime or anti-social behaviour.