PART 1
(OPEN TO THE PUBLIC)
PLANNING AND
TRANSPORTATION
REGULATORY PANEL
SUBJECT:
ITEM NO
HIGHWAYS ACT 1980, SECTION 129A
SALFORD CITY COUNCIL (CUMBERLAND
AVENUE / DURHAM CLOSE) GATING
ORDER 2007
JOINT REPORT OF ASSISTANT DIRECTOR (LEGAL) AND
THE MANAGING DIRECTOR OF HOUSING CONNECTIONS
PARTNERSHIP.
OPERATIONAL MATTER
FOR DECISION
1.
Purpose of Report:
1.1
This report sets out details of the objections and evidence received in support of the proposed
gating order, together with the Head of Housing’s comments of The Managing Director of
Housing Connections Partnership.
1.2
The Panel are asked to consider whether the proposed Order meets the requirements of
Section 129A of the Highways Act 1980 and if satisfied that it does, whether in light of the
objections received, the Order should be introduced as originally proposed, amended or
withdrawn.
1.3
It is our recommendation that the Order be introduced as originally proposed.
IF YOU HAVE ANY QUERIES
PLEASE CONTACT
Louise Averill
0161 604 7720
QUALITY CONTROL
BACKGROUND DOCUMENTS (Available
inspection)
(a) Plan outlining the proposals
(b) Draft Order
(c) Documentation in support
(d) Letters of Objection
for
public
Report prepared by: Louise Averill
Reviewed by:
Customer and Support Services Directorate, Law and Administration Division, Salford Civic
Centre, Chorley Road, Swinton M27 5DA
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2.
Implications:
2.1
Resources (Finance/Staffing):
The scheme would be funded by the Housing Crime Reduction Team. All consultation and
project management has been carried out by a Housing Crime Reduction Officer.
2.2
Strategy and Performance Review:
The proposed scheme is consistent with relevant strategies these being the Crime & Disorder
Reduction Strategy and Pledge 2 – Reducing Crime in Salford and Pledge 7 – Enhancing life
in Salford.
2.3
Environmental:
Environmental Services have been consulted on the scheme, no objections were raised.
2.4
Equal Opportunities:
No implications
3.0
Background
3.1
On the 13 March 2007, the Director of Engineering (Urban Vision) gave authorisation to
advertise the intention to make the above-mentioned Gating Order under Section 129A of the
Highways Act 1980.
3.2
A request was made by a local resident to The Housing Crime Reduction Team to erect alley
gates to the footpath in October 2006. They had numerous concerns that the area was being
used for anti social behaviour including, damage and destruction to a boundary wall, youths
congregating in the alley drinking and throwing litter into the gardens, causing damage and
graffiti, bins set on fire, youths fighting and being abusive to residents, it is also used as an
escape route from the police. Resident consultations were sent out on 9 th January 2007 to the
residents of the 29 properties consulted 18 responded and were fully in favour of the scheme.
The results of these consultations were as follows:



17 residents returned forms (62%)
All residents were in favour of the scheme (100%)
No objections from local residents.
4.0
Crime and / or Anti social behaviour
4.1
Of the residents that responded to the questionnaire, 94.4% stated that crime or antisocial
behaviour had occurred on the footpath. 94.4% of respondents also stated that they felt either
unsafe, or very unsafe using the footpath.
4.2
Please refer to Appendix A for resident comments pertaining to crime / antisocial behaviour
experienced by themselves that occurs and is aided by the alleyway.
5.0
Considerations and objections
5.1
Alternative route
The alternative route to access Manchester Road would be to walk along Cumberland Avenue,
turn onto Billy Lane and then onto Manchester Road. This current option, which would be to
access the alley to the rear of 12 Cumberland Avenue and then walk along the part of the alley
that is in-between 7 & 8 Durham Close, this route is 80.54m. The alternative route is 264.9m.
Although the alternative route is somewhat longer, the anti social behaviour / criminal activity
that occurs in and is aided by the alley way is felt to be of significant detriment to the residents.
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Notices were also erected at each end of the alley way to allow residents who do not back
onto the alley way to raise any concerns or objections. No objections or concerns were raised.
5.2
Health Implications
The alternative route would be to use the pavement that is paved and benefits from street
lighting. The quality of life for those residents directly affected by the activities occurring in the
alley would improve if the alley were gated.
5.3
Impact on Disabled Users
The impact on disabled users would be balanced with the reduction in crime and anti social
behaviour that occurs and is aided by the alley way.
5.4
Other Crime Reduction Measures considered
Due to the nature of the offences being suffered by the residents, alley gating is the only
efficient way to resolve the existing problems of anti social behaviour.
5.5
Objections to the proposed Order have been received from: 1.
Mr Edmund Hoare
Comments of Objectors
Mr Edmund Hoare of the Joint Local Access Forum sent an e-mail objecting to the proposed
gating order. The objection was made on the following grounds.

That the alternative route is less convenient and much longer.
It was not possible to satisfy the concerns raised, as the alternative route is somewhat longer.
6.0
Legislation and procedure
6.1
The Council has complied with the procedures contained within Section 129C of the Highways
Act 1980 in that it:(a) Notified occupiers of all adjacent or adjoining premises of the proposed Gating
Order by letters dated 18th May 2007.
(b) Published a notice in the Salford Advertiser and on the Council’s website on 24 th
May 2007.
(c) Placed notices of the proposed Gating Order on the highway affected on 24 th May
2007 and maintained the notices for a period of 28 days.
(d) Notified all statutory undertakers and any persons who requested to be notified of
any proposed Gating Orders by letters dated 18th May 2007.
6.2
Section 129A of the Highways Act 1980 provides that the Council must be satisfied that:1. Premises joining or adjacent 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;
3. It is in all the circumstances expedient to make the order for the purposes of reducing crime
or anti-social behaviour.
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6.3
We must also consider
1. the likely effect of making the order on the occupiers of premises adjoining or adjacent to
the highway;
2. the likely effect 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.
7.0
7.1
Summary
I am satisfied that the procedures have been followed as outlined in section 6.1 The evidence
provided by residents clearly indicates the existence of persistent anti social behaviour which is
affecting their quality of life. We feel that if approval was granted for the erection of the gates
although the alternative route is longer, the benefits of reducing the crime and anti social
behaviour experienced by the residents and therefore vastly improving their quality of life would
be beneficial. Taking this into consideration I recommend the approval of this order.
David Galvin
Managing Director
Housing Connections Partnership
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I. Sheard
Assistant Director (Legal)
Salford City Council
Appendix A
Durham Close – Resident Statements
Comments
Damage & destruction to sections of the wall at the back of our property caused by teenagers, and using the
alleyways as a means of escape from neighbours and police.
People fighting, getting drunk and getting away from the police and lots of kids making a noise outside at
night.
Teenagers using alleyways for drinking alcohol, damaging walls, fences, abusive behaviour. Gangs of up to
20 just cause havoc most nights I’m scared of walking through to get to my home. If things don’t change will
try and sell within 12 months.
Youths drinking and fighting on a number of occasions and I have had to call the police. Also dog dirt
everywhere and empty food cartons everywhere
Youths fighting
Gangs of youths meet and bang on wall of house at all hours
As the police said “If they come up Cumberland either ASB people or criminals they can escape via entry or
gap between garages and Church”. This estate was described to me by a fairly high rank policeman as a
“rabbit warren” because there are so many places to escape and hide in.
Also sent in a letter of support
Young adults running away from police, loitering in garages doing damage to garages, police arrive they run
away.
When police have attended crimes in the past some of the yobs have escaped through the alley and the
rest of them over the wall to the Church.
Also sent in letter if support
Been used as an escape route from Police
Damage to my rear garden fence panels, kids using the alley way after breaking into garages and cars, kids
gathering at the side of my property, had the police called several times also at side of Cumberlands
property
1 Essex Place - Additional gates required – see map
There are gangs in the alley way all the time and people fighting on occasions. People also cut through
after a night out and are shouting and arguing in the early hours of the morning.
Young persons congregating, drinking alcohol, throwing cans & bottles over the fence. Graffiti and breaking
fences, breaking and vandalising garages. Making a general nuisance of themselves. Used periodically for
drug users, syringes found beyond my back gate
Bins set on fire, groups of kids causing problems spray paint has been used. The alley is used to escape
when police are called.
There are gangs of youths who use the alley as a toilet and also breaking fences and running from police.
People cutting through with dogs and leaving dog poo everywhere. Drunks cutting through being sick
leaving fast food litter and disturbing people.
Garden wall has been knocked down as well as the wall further down, it is an eyesore
As the Police said “If they come up Cumberland either ASB people or criminals they can escape via the
entry or gap between garages and Church” This estate was described to me by a fairly high rank police
man as a “rabbit warren” because there are so many places to escape and hide.
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Location Map – Durham Close
Proposed
Gate
Proposed
Gate
Proposed
Gate
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