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Public Rights Of Way - Gating Orders

Powers came into force from April 2006 under section 129a of the Highways Act 1980 that allow City Councils to make Gating Orders to help deal with crime and anti-social behaviour. Following a prescribed procedure, if successful, the Authority can erect gates at either end to restrict the use of a relevant 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 are not considered '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.

Gating Order Procedure

The procedure for obtaining a Gating Order is described in this flowchart.

Current Gating Orders

Below is a list of gating orders for the City of Birmingham.

Table of Gating Orders


Order No.

Name of Order

Current Status

1

Budbrooke Grove to Kitsland Road

Gated

2

Hampton Close to Chester Road North

Gated

3

The Haven to Priory Road

Gated

4

Marrowfat Lane

Gated


Contact Information:

If you would like more information about the Forum or how you can get more involved please contact the public rights of way team: