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Issue - meetings
Proposals to make public space protection orders in relation to alley gating to address serious community safety issues raised by members of the local community.
Meeting: 01/03/2021 - Cabinet (Item 325)
(Mike Hepworth, Assistant Director, Environment and Place)
(Cabinet Decision)
Additional documents:
- Appendix 1 anonymised consultation feedback, item 325 PDF 233 KB
- Appendix 2 part 1 draft gating order, item 325 PDF 277 KB
- Appendix 2 part 2a PSPO Gating Order - Cut through Havelock Road to Priory Square, item 325 PDF 375 KB
- Appendix 2 part 2b PSPO Gating Order - Laser Lane, item 325 PDF 445 KB
- Appendix 2 part 2c PSPO Gating Order - Valentines Passage, item 325 PDF 478 KB
Decision:
1. That cabinet authorises the Assistant Director Environment and Place in conjunction with the Chief Legal Officer, to implement the statutory legal process required to gate the 3 public rights of way described in the report.
2. Subject to 1 above, the council formally reviews the gating arrangements no later than 2 years after they commence.
Minutes:
The Assistant Director, Environment and Place presented the report which seeks authorisation to implement the legal process required to gate 3 alleys on the request of local residents because of serious anti-social behaviour and criminality.
The legal framework for alley gating is contained in the Anti-Social Behaviour Crime and Policing Act 2014. Although it is requested that 3 alleys are gated, they are not linked and each one needs to be decided on its own merits.
For several years, the Community Safety Manager has been engaging with local residents and businesses who have been complaining about the anti-social behaviour and other serious issues. He has worked closely with the local community, the council’s warden team and the local police to try and address the issues but unfortunately, the measures that don’t include gating the alleys haven’t proved to be effective in the long term.
In December 2020, formal consultation on the proposals was carried out with the public and statutory consultees, including the police and Highways Authority via the East Sussex County Council Rights of Way team, as set out in the guidance that is associated in the act. The Police and local business association were supportive of the proposals, although East Sussex County Council objected. Some very compelling evidence about the significant negative impact of the alleys has been received from local residents and is set out in the report. Objections to the proposals have been received in the last week from several individuals and organisations, for example from Ramblers Association, Open Spaces Society, Greenway Trust and Living Streets Charity, who appear to be concerned that gating the alleys would set a dangerous precedent and feel that measures other than gating should be used. Unlike the Highways Authority, they are not statutory consultees within the provisions of primary legislations for alley gating.
If cabinet approves the proposals, these will need to be formally reviewed within at 3 least three years of when they commence. However, in this case, as set out in recommendation 2 of the report, officers recommended that they should be reviewed within at least two years of commencement. The council could, in fact, review the proposals at any time after they commence, and if appropriate, either vary, extend or discharge them.
Councillor Barnett proposed approval of the recommendations, seconded by Councillor Evans.
RESOLVED (unanimously):
1. That cabinet authorises the Assistant Director Environment and Place in conjunction with the Chief Legal Officer, to implement the statutory legal process required to gate the 3 public rights of way described in the report.
2. Subject to 1 above, the council formally reviews the gating arrangements no later than 2 years after they commence.
Reason:
As a result of long standing serious anti-social behaviour affecting 3 public rights of way, the council has been asked to consider gating them using powers set out in the Antisocial Behaviour Crime and Policing Act 2014.
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