Can I Have Gates

Section 129A of the Highways Act 1980 (as amended) by the Clean Neighbourhoods and Environment Act 2005 (CNE), allows local authorities to make Gating Orders to restrict public access over any relevant highway, (as defined by S129A(5)), to reduce and prevent crime and anti-social behaviour. In order that a highway can be considered for a Gating Order, it must be demonstrated that it meets all of the following legislative requirements:

a) Premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;
b) The existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and
c) It is in all circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour. This means that the following has to be considered:

(i) The likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;
(ii) The likely effect of making the order on other persons in the locality; and
(iii) In a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

For information on applying for alleygating please visit the City of York Council's website here.