ITEM CMDT3
CABINET MEMBER FOR TRANSPORT – 22 NOVEMBER 2007
REQUEST FOR GATING ORDER – HAWKSMEAD, BICESTER
Report by Head of Transport
Introduction 1. This report details a request from local residents for the making of a Gating Order in Hawksmead, Bicester. 2. Section 17 of the Crime and Disorder Act 1998 requires the Council to consider crime and disorder reduction and community safety in the exercise of all their duties and activities. Section 2 of the Clean Neighbourhoods and Environment Act 2005 provides a power that allows councils to make, vary or revoke Gating Orders to restrict public access to any unclassified public highway.
Background
3. A petition signed by 19 residents of Hawksmead was submitted to the Council on 16 April 2007 requesting the closure by Gating Order of a pedestrian entryway to the public footpath/cyclepath located at the North West leg of Hawksmead (Annex 1) (download as .doc file).
4. The entryway has a bituminous macadam surface and is bordered on both sides by dense hedgerow. The entryway provides a convenient alternative route between Peregrine Way and the footpath/cyclepath; the latter providing a link between Peregrine Way and a large public amenity area including playgrounds and sports pitches, the new Langford Village, Bicester town centre and Cooper School. The entryway does not act as a principal means of access to any dwelling, business or recreational facility. There are 23 residential properties in Hawksmead which are directly adjacent to the road/footway which links Peregrine Way with the footpath/cyclepath entryway.
5. Gating Orders enable local authorities to temporarily restrict access to highways, without removing their underlying highway status, to reduce and prevent crime and anti social behaviour. On 14 September 2006 Cabinet approved a protocol for the assessment of requests for Gating Orders under the Clean Neighbourhoods and Environment Act 2005. This Gating Order protocol along with an assessment of the Hawksmead Gating Order application using the agreed protocol criteria is included at Annex 2 (download as .doc file).
6. Twenty-two incidents of crime or acts of anti social behaviour which have taken place in Hawksmead have been reported to and documented by Thames Valley Police (TVP) in the preceding five year period. The role of the footway/cyclepath entryway in any premeditated crime is not clear.
7. Of the 19 petitioning residents, 8 have claimed that they have experienced incidents of crime or anti social behaviour as follows and in random numerical order:-
· 1 Hawksmead smashed bottles litter dropped male urinating in front garden
· 2 Hawksmead banging on windows late at night youths indecently exposing themselves at night couple having sex along side of house attempt to throw rock through window daily litter
· 3 Hawksmead traffic cones thrown into rear garden front garden littered with bottles & fast food packaging flower pots tipped over
· 4 Hawksmead traffic cone put on car house ‘sold’ sign put on car garage sign placed under car swear words written in snow on car mopeds using footpath access
· 5 Hawksmead (reported to and documented by TVP) number plate pulled off car car door kicked & dented lavender bushes wrecked
· 6 Hawksmead litter dropped constant noise late at night
· 7 Hawksmead bins tipped over in the drive rubbish in the garden fighting outside the house in the early hours
· 8 Hawksmead dent in car wing door knocking general rubbish thrown on grass
8. TVP was asked to complete and submit a Crime Pattern Analysis report for Hawksmead (Annex 3) (download as .doc file). The report considers all reported crime and non-crime (e.g. generic anti-social behaviour) incidents occurring in Hawksmead and in the surrounding streets, totalling five in number, since 01 January 2007. One of these was a crime relating to criminal damage to a vehicle and was not substantiated. Two were disturbances resolved by telephone. One was a parking obstruction resolved by telephone. One is insufficient in detail to enable comment.
9. The making of the Gating Order is not likely to impact on emergency services or statutory undertakers and any inconvenience to highway users would be negligible. The alternative ‘main’ route between Peregrine Way and the footpath/cyclepath entryway is approximately 29 metres further than the ‘convenient’ route via Hawksmead. It is not considered that restricting access to the entryway to the footpath/cyclepath will cause disproportionate inconvenience or have any impact on people's health. The alternative ‘main’ route is suitable for disabled users but would require improvements to the existing provision of uncontrolled pedestrian crossing points on Peregrine Way.
Officer Comment on Gating Order Assessment
10. The request for a Gating Order has been made by the residents of Hawksmead as a result of reported incidents of crime and anti-social behaviour. The residents believe that closing the entryway will considerably reduce these incidents. Some of the residents have provided evidence of crime and anti-social behaviour incidents much of which could be attributable to the thoroughfare provided by the footpath/cyclepath entryway.
11. The TVP report (Annex 3) (download as .doc file) states that “whilst there is an underlying low level of incidents over the years,…[Hawksmead] is not a crime or anti-social behaviour ‘hot-spot’, and needs to be handled as such”. TVP conclude that ‘…with the low incident level, Hawksmead compares favourably with many other areas of Bicester, let alone Oxfordshire as a whole.’
12. TVP has suggested in its report that support and advice from its local officers could help to manage the expectations of residents. I recommend that this course of action is pursued. The approval of this Gating Order request could set an undeserving precedent for other locations declared by TVP to be ‘low’ in incident level.
How the Project Supports LTP2 Objectives
13. A Gating Order is likely to improve the street environment in Hawksmead by reducing the incidence of litter in the immediate area. However, it can be assumed that this incidence will be displaced to the alternative ‘main’ route rather than eradicated.
Financial Implications (including Revenue)
14.
RECOMMENDATION
15. The Cabinet Member for Transport is RECOMMENDED not to implement the request for a Gating Order to be made in Hawksmead, Bicester.
STEVE HOWELL Head of Transport Environment & Economy
Background papers: Nil
Contact Officer: Ian Clarke Tel: (01865) 812626
November 2007
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