Decision details

Purpose of the Report: This report discusses the proposal to restrict public rights over the alleyway between Nunmill Street and Bishopthorpe Road using Gating Order legislation in order to help prevent crime and anti-social behaviour.

The Cabinet Member is asked to consider whether or not to seal and make operative the draft Gating Order under section 129A of the Highways Act 1980, to restrict access along the alleyway.

This decision will be taken at a public decision session on Monday 13^th October.

Resolved:           That the Cabinet Member agreed to sealing and making operative the draft Gating Order.

Reasons: (i)        The council has a duty under Section 17 of the Crime and Disorder Act 1998 to implement crime reduction strategies in an effort to reduce overall crime in their administrative area. This gating scheme will support that obligation.

(ii)        Two formal objections to the draft Gating Order have been received however, at the previous informal consultation stage the majority of residents who responded were in support of the scheme (see Annex 2 of the report).

(iii)       With due regard to the Public Sector Equality Duty (PSED) under section 149 of the Equality Act 2010, the Council has identified that there is one positive and six negative impacts of this gating scheme which involve mobility and access issues (Annex 3 Community Impact Assessment). Some of the negative impacts can be mitigated by design and installation options. Gating Orders may also be reviewed on a yearly basis, or on demand, which can accommodate any change in local circumstance. The positive impact of additional security to residents, increasing peace of mind and providing a safe area to the rear of properties justifies the negative impacts.