Agenda item

This report considers the closure of an access point leading on to Scarcroft Green from Scarcroft Road back lane, using Gating Order legislation in order to prevent crime and anti-social behaviour associated with the back lane. The Executive Member is recommended to make a Gating Order to close the access point.

RESOLVED: That the Executive Member accepts Option B 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.

ii)                  Advise residents of Scarcroft View that the Council will agree to them having access via the gate onto the green should they make a financial contribution towards the costs of installing and maintaining the gate.

REASON:      In order that the access point/gap in the railings, leading onto Scarcroft Green from Scarcroft Road back lane, Micklegate Ward, can be closed by providing a gate to help prevent crime and anti-social behaviour currently associated with the back lane

The Executive Member considered a report which examined the closure of an access point in the low wall and ornamental railings, leading onto Scarcroft Green from Scarcroft Road back lane. It was proposed to use Gating Order legislation in order to prevent crime and anti social behaviour associated with the back lane.

The Executive Member referred to further written representations he had received from:

·        Jaki Boston, Scarcroft View resident, expressing concerns if the access to the green were to be blocked off and requesting that a gate be installed and that Scarcroft View residents be granted access.  She would be willing to contribute towards the costs involved.

·        Sue Edwards, Scarcroft View resident, supporting the views put forward by Jaki Boston and detailing incidents of disruptive behaviour that were currently occurring in the area.

·        Rob King, Scarcroft View resident, detailing incidents of anti-social behaviour that were taking place and stating that he was in support of a gating order.  As residents of Scarcroft View would be the primary users of this access, a gate with key pad should be considered.

·        Katherine Nightingale and Tom Stirling, residents of Scarcroft View, expressing support for Option B in the report.

·        Charlotte Morris and Joe Maitland, residents of Scarcroft View, opposing the recommendation of Option C in the report and expressing support for Option B.  They were in support of the access being closed off only if the owners of 1-5 Scarcroft View were allowed to continue to have access to the green by key or pin code.

·        Lynn Kellett, resident of Scarcroft View, objecting to the permanent closure of the opening and expressing support for the installation of an access gate.

·        David Grabaskey, resident of Scarcroft View, drawing attention to incidents of criminal behaviour but requesting that residents not be asked to contribute towards the costs of a gate.

Peter Lyons, local resident, spoke in support of the closure.  He gave examples of criminal activity that had taken place in the area and stated that he supported the proposal for the gap to be closed. He had no objections to a gate being installed and thanked officers for the way in which they had consulted with residents on this matter.

Wayne Edwards, local resident, expressed concerns at the legal implications if the gate were to be paid for by residents. 

Officers gave assurances that the recommendations in the report were in accordance with legislation.

The Executive Member gave consideration to the following options:

Option A:  Do not authorise the making of the proposed Gating Order and leave the gap open for public use.  This option is not recommended.

Option B:  Authorise the making of a Gating Order, but install a gate to restrict access through the gap rather than restore the low wall and railings to its original condition.  Additionally, give the PIN code required to operate the gate to residents of Scarcroft View only.  This option is not recommended.

Option C:  Authorise the making of a Gating Order and restrict access through the gap by reinstating the wall and railings to its original condition. Advise residents of Scarcroft View that they are able to pursue their own private gated access onto the green from their private alleyway should they wish to do so at their own expense. This option is recommended

The Executive Member stated that this item, although affecting only a limited number of residents, had attracted a lot of representations.  Most of the residents on Scarcroft View wished to retain a direct access onto their green.  It was noted that historically these properties had enjoyed this facility.  It had been claimed that if the combination to the gate lock were to be given to five properties, then the Council would not be able to resist doing likewise for other residents. It was, however, unlikely that those responsible for anti-social behaviour would seek to formally be allocated the keypad number and there was the option to change the combination if necessary. The Micklegate Ward Councillors had expressed the view that the frontages should meet the cost of installing and maintaining a private gate from their private alleyway at the front of their properties to the green should Option C be approved.

RESOLVED: That the Executive Member accepts Option B 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 gate¹.

ii)                  Advise residents of Scarcroft View that the Council will agree to them having access via the gate onto the green should they make a financial contribution towards the costs of installing and maintaining the gate².

REASON:      In order that the access point/gap in the railings, leading onto Scarcroft Green from Scarcroft Road back lane, Micklegate Ward, can be closed by providing a gate to help prevent crime and anti-social behaviour currently associated with the back lane.