Agenda item

This reports asks the Executive Member to amend the decision made at the last Decision Session in respect of the Gating Order to close the access/gap in the boundary leading onto Scarcroft Green.

RESOLVED:             That the Executive Member amends the original decision taken at the meeting on 7 July 2009 (minute 16) and resolves to:

(i)                 Authorise the Director of City Strategy to instruct the Head of Civic, Democratic and Legal Services to make a Gating Order to close the access point/gap in the boundary, leading onto Scarcroft Green from Scarcroft Road back lane, Micklegate Ward, in accordance with s129A of the Highways Act 1980 and to provide a gate at that point.

(ii)               Requests Officers to advise residents of Scarcroft View that the council may issue any person with a key to access the gate upon receipt of a reasonable deposit (amount to be determined by the Director of City Strategy).  This deposit is refundable at any time on the safe return of the key. The number of keys made available to be restricted to one per household.

REASONS:            (i)            In order that the access point/gap in the railings, leading

onto Scarcroft Green from Scarcroft Road back lane, Micklegate Ward, can be restricted to help prevent crime and anti-social behaviour currently associated with the back lane.

(ii)To allow access to those members of the public who wish to use it whilst implementing a deterrent to those who are causing the issues associated with the back lane.

The Executive Member considered a report, which sought approval to amend the decision made at the Decision Session of 7 July 2009 in respect of the Gating Order to close the access/gap in the boundary leading onto Scarcroft Green.   Following the meeting it had come to light that the Council had no power to seek a financial contribution from the public to install highway furniture.

The Executive Member referred to receipt of written representations from the following five local residents:

• Jaki Boston, of Scarcroft View in support of residents paying a deposit for a key to a gate onto the Green;
• Katherine Nightingale also of Scarcroft View and in support of the proposals and the payment of a deposit for a key;
• Lyn Kellett of Scarcroft View who had asked for further details in relation to the allocation of keys;
• Rob King of Scarcroft Road referring to recent problems encountered by residents in the area in relation to anti social behaviour and supporting the closure of the gap and the funding of the work by the Council;
• Peter Lyons, in support of the proposals and issue of keys to residents.

Councillor Merrett expressed his opposition to the proposals, as he understood stated that this was a private alley and not a public right of way and he requested Officers views in relation to this and the proposals. Officers confirmed that a private highway had the same legal standing as a public highway and that this also fell under the Highway Act.

The Executive Member confirmed that residents of Scarcroft View should continue to have access to the Green though a newly provided gate as agreed at the last Decision Session.  He also confirmed that he did however have to accept legal advice, which meant amending the decision to allow keys to be loaned to residents in return for a small deposit. He pointed out that he could see no reason to include a hardship clause, as residents were free to decide whether or not they required this type of access.

RESOLVED:             That the Executive Member amends the original decision taken at the meeting on 7 July 2009 (minute 16) and resolves to:

(i)                 Authorise the Director of City Strategy to instruct the Head of Civic, Democratic and Legal Services to make a Gating Order to close the access point/gap in the boundary, leading onto Scarcroft Green from Scarcroft Road back lane, Micklegate Ward, in accordance with s129A of the Highways Act 1980 and to provide a gate at that point. ^1.

(ii)               Requests Officers to advise residents of Scarcroft View that the council may issue any person with a key to access the gate upon receipt of a reasonable deposit (amount to be determined by the Director of City Strategy).  This deposit is refundable at any time on the safe return of the key. The number of keys made available to be restricted to one per household. ^2.

REASONS:            (i)            In order that the access point/gap in the railings, leading

onto Scarcroft Green from Scarcroft Road back lane, Micklegate Ward, can be restricted to help prevent crime and anti-social behaviour currently associated with the back lane.

(iii)             To allow access to those members of the public who wish to use it whilst implementing a deterrent to those who are causing the issues associated with the back lane.

[As amended at the Decision Session – Executive Member for City Strategy held  on 20 October 2009]