Councils have the legal power to gate certain types of route to reduce crime and disorder. An Order may restrict the public right of way at all times or for certain times. Access can be granted to residents requiring access to maintain property boundaries, utility companies, emergency services.
Access for occupiers of premises adjoining or adjacent to the route cannot be restricted, nor can a Gating Order be made if it forms the only or principal means of access to dwellings. If it forms the only or principal access to premises used for recreational or business purposes, it cannot restrict access during the times of day when those premises are normally used.
The power does not permanently extinguish rights of way, making it possible to subsequently alter or revoke the restrictions and reinstate the public right of way. This effectively means that the land cannot be converted for any other purpose and must still be maintained by the Highway Authority (HA).
Alley Gating Public Space Protection Orders for Cheshire East
Public Spaces Protection Orders (PSPOs) came into force on the 20 October 2014 under section 59 to 65 of the Anti-Social Behaviour, Crime and Policing Act 2014 on 20 October 2017. These Public Spaces Protection Orders PSPO's replaced all the previous gating orders.
In reviewing its Public Space Protection Orders for Alley Gates, Cheshire East consolidated the previous gating orders into one Public Space Protection Order which became effective on the 19 October 2020.
All previous Cheshire East gating orders have remained in place and will operate as they have done prior to this date and will be subject to a review every three years.
More information about Cheshire East Public Space Protection Orders