The Council regularly receives complaints from members of the public whose lives are disrupted as a result of anti-social and criminal behaviour on public paths. The complainants are often focussed on the possibility of extinguishing or diverting the public rights along the ways in question in an attempt to reduce crime and anti-social behaviour.
The Gating Orders legislation which came into force in 2006 gives the Council as highway authority the power to temporarily gate a public right of way where the problems of crime and anti-social behaviour can be shown to stem from the passageway.
Gating Orders is a crime preventative measure which may involve erecting steel, self-locking gates to the ends of roads and footpaths and is intended to help reduce anti-social behaviour such as crime, underage drinking, drug-taking and irresponsible driving.
How does a Gating Order work?
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 (for example: 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.
Requests for Gating
If you would like to make a request for an Gating Order scheme, your first point of contact should be the Public Rights of Way team as per the contact details below.
If your property is a Council-owned home in Dudley, please contact Dudley Borough Direct to see if funding is available. Other housing providers might also be able to provide help with funding.
View Gating Orders and Public Footpath Orders Online
Details of all orders and all proposed making, varying and revocation of orders is kept and maintained by the Council. Details of the Gating Orders and Public Footpath Orders are available online.
What if the closure causes me unnecessary inconvenience?
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.
Report a problem with a Gating Order
If you have any concerns regarding a gating order or would like to report a problem, please contact us using the details at the bottom of the page.
Crime Prevention
Further information on crime prevention is available on our Dudley Community Safety Partnership pages.
