Issue - meetings
Public Rights of Way - Proposal to restrict public rights over the alleway between Nunmill Street and Bishopthorpe Road in Micklegate Ward, York using Gating Order legislation
Meeting: 13/10/2014 - Decision Session - Executive Member for Transport - Expired (Item 14)
The Cabinet Member is asked to determine whether or not to seal and make operative the draft Gating Order in respect of the alleyway between Nunmill Street and Bishopthorpe Road.
Additional documents:
- Annex 1-Draft Gating Order-Plan, item 14 PDF 3 MB
- Annex 2, item 14 PDF 187 KB
- Annex 3-CIA Gating Scheme 2014, item 14 PDF 414 KB
- Annex 4-Crime and ASB Statistics, item 14 PDF 14 MB
- Annex 5-Legislation-NSt-BRd, item 14 PDF 30 KB
- Annex 6, item 14 PDF 1 MB
Decision:
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.
Minutes:
The Cabinet Member for Transport considered a report which requested approval for sealing and making operative the draft Gating Order for the alleyway between Nunmill Street and Bishopthorpe Road using Gating Order legislation. The Gating Order had been requested by Local Residents, North Yorkshire Police, the Safer York Partnership and Councillors.
Officers’ outlined the report and advised that the Safer York Partnership had identified the alleyway as a high priority out of the streets waiting to be gated.
The Cabinet Member advised that while he was sympathetic to the points raised by the speaker earlier in the meeting, he was confident that the issues raised could be addressed through the design process and was minded to approve the gating order in light of the level of support for the scheme from other local residents.
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.