F1PART 6ARESTRICTION OF RIGHTS OVER ROAD
Gating orders69A
1
A district council may, with the approval of the Department, make an order under this Article in relation to any relevant road which is situated within its district.
2
An order under this Article is to be known as a “gating order”.
3
Before making a gating order in relation to a relevant road the district council must be satisfied that—
a
premises adjoining or adjacent to the road are affected by crime or anti-social behaviour;
b
the existence of the road 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.
4
The circumstances referred to in paragraph (3)(c) include—
a
the likely effect of making the order on the occupiers of premises adjoining or adjacent to the road;
b
the likely effect of making the order on other persons in the locality; and
c
in a case where the road constitutes a through route, the availability of a reasonably convenient alternative route.
5
In this Article “relevant road” means a road other than—
a
a special road;
b
a trunk road;
c
a classified road;
d
a road of such other description as the Department may by regulations prescribe.
6
For the purposes of this Part “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as that person.
Pt. 6A inserted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 1, 78; S.R. 2012/13, art. 2(2), Sch. 2