Meeting documents

Delegated Decisions by Cabinet Member for Transport
Thursday, 14 September 2006

XT140906-04

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ITEM CMDT4

CABINET MEMBER FOR TRANSPORT – 14 SEPTEMBER 2006

GATING ORDERS

Report by Head of Transport

(Statement of Decision)

Background

  1. Section 17 of the 1998 Crime and Disorder Act requires the Council to consider crime and disorder reduction and community safety in the exercise of all their duties and activities.

  2. Section 2 of the Clean Neighbourhoods and Environment Act 2005 introduced a new power that allows councils to make, vary or revoke gating orders in respect of highways within their area. This enables councils to restrict public access to any public highway up to and including unclassified roads by gating it (at certain times of day if applicable), without removing its underlying highway status, on grounds of anti-social behaviour as well as crime.

  3. Before making a gating order in relation to a relevant highway the council must be satisfied that:

      1. premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;

      2. the existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and

      3. it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.

  4. In considering the promotion of a gating order the council should take into account:

      1. the likely affect of making the order on the occupiers of premises adjoining or adjacent to the highway;

      2. the likely affect of making the order on other persons in the locality; and

      3. in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

  5. In any event a gating order must be so framed as to preserve access rights of occupiers of premises adjacent to or adjoining the highway to be gated.

    6. Proposal

  6. As the criteria for the consideration of gating orders are essentially subjective there is a risk that different standards will be applied and that there will be inconsistencies in the application of the legislation. It is therefore proposed that a protocol is approved for the consideration of requests for gating orders such that as far as is reasonably practicable a consistent approach is taken to assessing those requests.

    7. Protocol and Guidance

  7. A protocol and guidance for its use has been drawn up for considering the factors both for and against the making of a gating order and this is attached at Annex 1 (download as. doc file.

    8. How the Project Supports the Council Objectives

  8. The following strategic priorities would be supported by taking a consistent approach to the assessment of requests for gating orders:

    • Safeguard our communities and maintain our rural character; and

    • Make Oxfordshire – its city, towns, villages and countryside – welcoming, safe and exceptional places to live, work, learn and visit.

Environmental Implications

  1. The environmental implications of any specific gating order request will be considered within the protocol.

    2. Financial and Staff Implications

  2. It is not anticipated that additional staff will be required to deal with gating order applications and ancillary costs such as advertising will be funded from existing revenue budgets.

    3. RECOMMENDATIONS

  3. The Cabinet Member is RECOMMENDED to approve the Protocol for the assessment of requests for gating orders as set out at Annex 1 (download as. doc file) to this report.

STEVE HOWELL
Head of Transport

Background papers: Nil

Contact Officer: Brian Fell Telephone: 01865 top815083

September 2006

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