Skip to content

Gating orders

A gating order allows a public highway to be restricted using a gate or other suitable barrier. It does not close off the highway permanently or remove its status as a public right of way.

When a gating order can be used

To comply with the law, any location at which a gating order is proposed must meet the following three criteria.

  • Premises next to the highway are affected by crime or antisocial behaviour.
  • The existence of the highway is linked to persistent criminal or anti-social behaviour.
  • The gating order is essential to reduce crime or anti-social behaviour.

A gating order should not be made if the gate or barrier would prevent any resident or business from accessing the main entrance to their property.

Gating orders are designed to be temporary and may be removed if crime or anti-social behaviour is seen to reduce in the area.

Warwickshire County Council's role

All gating order applications are investigated by Warwickshire County Council. In the first instance, enquiries about gating order proposals should be directed to the Community Safety Team.

The Council's Gating Order Policy stresses the need to balance the community's concerns about crime and anti-social behaviour with maintaining individual freedom of access as far as possible.

We will undertake the initial investigation of the gating order, the making of the order, necessary consultation work, the arrangements for gate maintenance and will also be responsible for the annual review of the order.

Funding

Individuals, businesses or groups requesting an order will need to identify funding in order to pay for:

  • installation of the gates;
  • necessary design work maintenance for the gates;
  • advertising and publicity costs associated with making the order;
  • arrangements to lock/unlock gates.

Warwickshire County Council officers can offer advice on potential sources of funding.

Decisions and approvals

There are a number of stages in the decision making process. The first stage is approved by a Community Safety Project Officer and the second stage is approved by the Strategic Director for Environment and Economy. If any objections are received at either stage, the final decision will be made by the Warwickshire County Council Cabinet member for the environment.

Stage 1 - initial investigation

Collecting and assessing evidence, investigating alternative solutions, undertaking initial consultation with both professionals and local residents and identifying potential sources of funding.

Stage 2 - formal consultation

A formal consultation with:

  • Warwickshire Police;
  • Fire and Rescue Service;
  • NHS Trust;
  • local councils;
  • local residents;
  • local access forums;
  • other relevant public bodies.

Stage 3 - approval of the gating order

A report is produced containing justification for the proposal, location of possible gates, alternative routes, responses from the formal consultation, details of funding arrangements and recommendations.

Stage 4 - implementation and installation

Sets out the details of the order including any legal conditions, dates and times of restricted public access through the gates, alternative routes and responsible operators for the gates. The barriers will then be installed as soon as possible after funding is received.

Stage 5 - Review

Annual review of gating order to assess success, impact and possible implications of removal.

If there is a recommendation that the order is amended or revoked, the same consultation processes will be followed as for the making of the order.