PART 1
(OPEN TO THE PUBLIC)
PLANNING AND
TRANSPORTATION
REGULATORY PANEL
SUBJECT:
ITEM NO
HIGHWAYS ACT 1980, SECTION 129A
SALFORD CITY COUNCIL (ASHLEY
CRESCENT SWINTON) GATING ORDER
2007
OPERATIONAL MATTER
JOINT REPORT OF ASSISTANT DIRECTOR (LEGAL) AND
THE MANAGING DIRECTOR OF HOUSING
CONNECTIONS PARTNERSHIP.
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 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withdrawn.
7.1
It is our recommendation that the Order be introduced for a period of 12 months, after this
time the gates should be locked open for a period of 3 months and then a review be carried
out on the scheme.
IF YOU HAVE ANY QUERIES
PLEASE CONTACT
Victoria Ryan
0161-604-7719
QUALITY CONTROL
BACKGROUND DOCUMENTS (Available for public
inspection)
(a) Plan outlining the proposals
(b) Documentation in support
(c) Letters of Objection
Report prepared by: Vicky Ryan
Reviewed by: Mike Wright
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, there were no
objections raised.
2.4
Equal Opportunities: No implications
3.0
Background
3.1
In November 2006 residents contacted the Housing Crime Reduction Team with concerns that
a footpath running between Ashley Crescent and Wentworth Road was facilitating crime and
anti social behaviour. Please see Appendix A for plan of the footpath.
3.2
Initial Resident consultations for this scheme were sent out in November 2006 to 30 properties
in the immediate vicinity of this footpath. The results of these consultations were as follows:


13 residents were in favour of the scheme (65%)
7 residents were against the scheme (35%)
3.3
In addition to this we also received an objection from Moorside High School.
3.4
A full summary of this initial consultation is detailed in Appendix B.
3.5
The objections received for the scheme were on the grounds that the footpath formed a useful
through route in the area. This along with the high number of objections from local residents
resulted in the Housing Crime Reduction advising residents in May 2007 that we were unable
to continue with the scheme.
3.6
Following this we had further requests for the progression of the schemes from residents and
from Greater Manchester Police. We were also notified of a number of incidents that had
occurred from the alley way. As a result of this the Gating Order Application was submitted to
the legal department and advertised on 13th September 2007.
3.7
Further consultations were also sent out to residents requesting information regarding the use
of the alley way and also if residents would agree to the scheme going forward if they were
provided with a key.
3.8
The results of this further consultation are detailed in Appendix C
3.9
In addition to the consultations results we also received a number of correspondence from
residents both in favour and against the scheme. Appendix D details all the correspondence in
favour of the scheme and Appendix E details all correspondence against the scheme.
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4.0
Crime and / or Anti social behaviour
4.1
Of the residents that responded to the questionnaire 65% of residents stated that crime or anti
social behaviour occurred within the alley. A number of residents gave further details about the
crime and anti social behaviour as shown in appendix B and also within the letters of support
in Appendix D.
4.2
Appendix F details recorded crimes on the three affected streets and incidences reported to
Greater Manchester Police on Ashley Crescent.
4.3
The recorded crimes are consistently high over the last 2 years. In addition to this there are
more incidents reported to the Police that do not end up as a recorded crime. It is clear
from these statistics that there is an unusually high number of incidents occurring in this
area and that the majority are occurring to one property situated directly adjacent to the
alley way.
5.0
Considerations and objections
5.1
Alternative route – The alternative route is to use the pavement along Ashley Crescent,
Ashley Avenue and Wentworth Road. This alternative route is well lit, accessible for
disabled users and does not require pedestrians to cross any additional roads. The
maximum possible alternative route is approximately 260m longer. This additional distance
would only affect a limited number of people and keys for the gates have been offered to
residents in the locality.
Appendix G details the alternative routes to various local amenities. In some instances
using the footpath is actually a longer route. The longest of these alternative routes is
approximately 256m longer.
5.2
Health Implications - As the alternative route is longer there is a probability of health
implications as people may use their vehicles instead. This has been managed by offering
those people affected the most with keys to the gates.
5.3
Impact on Disabled Users - The alternative route is accessible for disabled users.
5.4
Other Crime Reduction Measures considered - The crime and anti social behaviour being
facilitated by this footpath appears to be targeted at one property. There is an existing
fence that has been damaged on numerous occasions. Incidents that have occurred as a
result of this footpath are criminal damage caused by persons throwing objects from the
footpath at either vehicles or properties or using the footpath as an escape route. The
footpath is well paved and lit and does not require any updating. It is therefore felt that
gating the alley is the only option available.
5.5
Objections to the proposed Order have been received from
1. A number of local residents
2. The Ramblers Association Manchester & High Peak Area
3. The Joint Local Access Forum
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5.6
Summary of Objections
1. Lack of evidence to show that the alley way is facilitating the persistent commission of
criminal offences. This has come from both the local residents and the Ramblers
Association Manchester & High Peak Area and the Joint Local Access Forum
2. The route is used regularly by older people to access bus stops, local amenities, the
medical centre and for visiting family and friends.
3. This route has been a public right of way for a lot of years.
5.7
Response to Objections
1. Evidence from both residents and Greater Manchester Police show high levels of crime
and anti social behaviour occurring within the direct vicinity of the alley way. One
property directly adjacent to the alley way is the property suffering from the majority of
incidents in this area.
2. Both the Police and the Crime and disorder partnership are fully supporting the scheme.
3. We do accept that this route is a useful link for residents in the local community. As this
is the case we would recommend that this route only be gated for a period of 12
months. During this time all local residents affected will be offered a key. It is proposed
that after 12 months the gates be locked open for a period of 3 months and then the
scheme reviewed.
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 13th September 2007.
(b) Published a notice in the Salford Advertiser and on the Council’s website on 11 th
July 2007.
(c) Placed notices of the proposed Gating Order on the highway affected on 12 th
July 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 13 th September 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.
6.3
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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
Summary
7.2
The procedures have been followed correctly as outlined in section 6.1
7.3
The evidence provided by residents clearly indicates the existence of persistent anti social
behaviour, which is affecting their quality of life. However, this behaviour appears to centre
around one property and is mainly anti social behaviour and criminal damage.
7.4
The number of objections to this scheme is high and this route is obviously used regularly
by the local community, the majority of which are older residents. We do recognise that this
route is a useful link and has been used by the community for a number of years.
7.5
On balance we are satisfied that it is in all circumstance expedient to make this order for
the purposes of reducing crime and anti social behaviour. However, we feel it would be in
the best interest of the local community to bring the footpath back into use at the earliest
opportunity, once issues around crime and anti social behaviour have been resolved. We
therefore recommend that the Gating Order be approved as proposed for a period of 12
months. After this time the gates will be locked open for a period of 3 months and then a
review of the scheme be undertaken.
7.6
We are satisfied that this period of 12 months will be sufficient to “break the cycle” of crime
and anti social behaviour. If the Gating Order is revoked following the review we would be
able to re use the gates.
David Galvin
Managing Director
Housing Connections Partnership
APPENDICES
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I. Sheard
Assistant Director (Legal)
Salford City Council