ITEM CMDT5
CABINET MEMBER FOR TRANSPORT – 27 MARCH 2008
REQUEST FOR GATING ORDER – WINDALE AVENUE,BLACKBIRD LEYS, OXFORD
Report by Head of Transport
Introduction 1. This report details a request from local residents and Members for the making of a Gating Order for the alleyway between Windale Avenue and Pegasus Road, Blackbird Leys, Oxford. 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. The closure of this alleyway was proposed by residents and Councillors in 2005. Originally it was thought that the City Council had the powers to close alleyways. Numerous articles have appeared in the local press and there has been consistent lobbying in support of the request.
4. The alleyway is 55 metres long, runs between four properties and is bordered by 1.8 metre fences or walls along its length. The surface is tarmac in poor condition and there is obstruction from weeds and overgrowing hedges. It is not an attractive route. A location plan is included at Annex 1 (download as .doc file).
5. Gating Orders enable local authorities to temporarily restrict access to highways to reduce and prevent crime and anti-social behaviour, without removing their underlying highway status. 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 Windale Avenue Gating Order application using the agreed protocol criteria is attached at Annex 2 (download as .doc file)..
6. Three of the four adjacent property owners have reported incidents of crime or anti-social behaviour, some of which are substantiated by Police documentation.
7. Community Safety Officers and Thames Valley Police (TVP) were asked to submit evidence of crime and anti-social behaviour in the alleyway. TVP produced a report for the area but this was not specific to the alleyway. A report from the local beat officer is attached at Annex 3 (download as .doc file). . Officer Comment on Gating Order Assessment
8. The request for a Gating Order has been made by the residents on either side of the alleyway and has support from City and County Councillors. Some of the residents have documented Police reports of criminal damage and anti-social behaviour. I have witnessed damaged fencing and evidence of fire.
9. PC Martyn Wills reports that there is crime and anti-social behaviour in the alleyway and that damaged fencing is now no longer repaired due to the frequency of acts of vandalism.
How the Project Supports LTP2 Objectives
10. A Gating Order is likely to improve the street environment for the residents on either side of the alleyway by reducing the opportunity for crime and anti-social behaviour. This may or may not be displaced elsewhere.
Financial and Staff Implications (including Revenue)11.
RECOMMENDATION
12. The Cabinet Member for Transport is RECOMMENDED to approve the request for a Gating Order for the alleyway between Windale Avenue and Pegasus Road, Blackbird Leys, Oxford.
STEVE HOWELL Head of Transport Environment & Economy
Background papers: Nil
Contact Officer: Ashley Prior Tel: (01865) 812635
March
2008
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