Issue - meetings

This report informs Members of the need to review the content of the existing Alleygating Policy, Procedure & Practice Document, which was last revised in March 2004, and presents a new Document for adoption.

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised to:

(i)                 Endorse a single policy known as the ‘Gating Order Policy, Procedure and Practice Document’ covering all aspects of alley closure, using the Clean Neighbourhoods and Environment Act 2005;

(ii)               Allow costs for maintenance and repairs to the alleys, to remain within the highway maintenance budgets, as highway rights would still exist.

Decision of the Executive Member for City Strategy

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.

REASON:                  To reflect new legislation.

Members considered a report which informed them of the need to review the content of the existing Alleygating Policy, Procedure and Practice document, which was last revised in March 2004.

Section 2 of the Clean Neighbourhoods and Environment Act 2005 (CNE) became operative on 1 April 2006, by inserting a new Section 129 into the Highways Act 1980 and introducing ‘Gating Orders’. This brings in new Alleygating powers for local authorities to use, as an alternative to legislation presently employed under the Countryside and Rights of Way Act 2000 (CROW), but has very similar criteria. 

The report presented two options:

Option A - Endorse the new policy document covering all alley restrictions, using one piece of legislation. 

Option B - Retain the present policy for use with alley closures using the CROW Act and create a separate policy document to cover alley restrictions using the Clean Neighbourhoods and Environment Act 2005. 

Officers distributed to Members at the meeting an e-mail from a resident of Westwood Terrace stating his opposition to alleygating in his area.

Members discussed the issues relating to the need for a policy, funding issues, the importance of consulting with residents, and the problems relating to closure at only certain times, e.g. at night.

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised to:

(i)                 Endorse a single policy known as the ‘Gating Order Policy, Procedure and Practice Document’ covering all aspects of alley closure, using the Clean Neighbourhoods and Environment Act 2005;

(ii)               Allow costs for maintenance and repairs to the alleys, to remain within the highway maintenance budgets, as highway rights would still exist.

Decision of the Executive Member for City Strategy

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.

REASON:                  To reflect new legislation.