From April 2006, Darlington Borough Council was granted a new power under section 129a of the Highways Act 1980 to make 'gating orders' to help deal with crime and 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.'
View Gating Order register (pdf document)
Why might the Borough Council make a Gating Order?
In response to a history of complaints about anti-social behaviour in areas accessed by public paths or roads.
In what circumstances can a gating order be made?
Before making a gating order the Council must be able to demonstrate the following:
(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 the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.
The circumstances referred to in subsection (c) include –
(d) The likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;
(e) The likely effect of making the order on other persons in the locality; and
(f) In a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.
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 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.
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.
Nelson's Lane Gating Order
Darlington Borough Council has applied a Gating order to Nelson’s Lane, at Brafferton.
This Order has been applied because of a long history of complaints from local landowners, members of the public as well as from utilities providers.
There have been instances of fly tipping, vehicles being abandoned and burned, burglaries and thefts of railway property.
A field gate has been installed across the lane, for which there are designated key holders, There is an emergency contact number, should the gate need to be opened.
Adjacent to the field gate is a bridle gate, allowing pedestrians and equestrians access to the Public Footpaths and Bridleway accessed via Nelson’s Lane.
The Gating Order will be reviewed annually. It is hoped that this Order will curtail the instances of anti-social behaviour which have spoiled the enjoyment of the lane for those who are law-abiding.
Gating Order (pdf document)
Nelson's Lane Map (pdf document)