Agenda item

This report considers the restriction of public rights over 25 alleyways in the Clifton, Guildhall and Micklegate Ward areas, using crime prevention legislation under Section 129A of the Highways Act 1980, as amended by the Clean Neighbourhoods and Environment Act 2005 (See plans in Annex 1).

PLEASE NOTE THAT ANNEX 2 TO THIS REPORT IS AVAILABLE IN THE MEMBERS LIBRARY OR FROM THE DEMOCRACY OFFICER

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised to accept Option C, and resolve to:

1.            Note any outstanding objections and  decide whether or not it would be in the best interests of the local community to make the Orders recommended in 2. below and :

2.            Authorise the Director of City Strategy to instruct the Head of Civic, Democratic and Legal Services to make Gating Orders for each of the 24 above mentioned alleys (excluding Finsbury Street), in accordance with S129A of the Highways Act 1980, as amended.

Decision of the Executive Member for City Strategy

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

Reason :         The reason for making this decision is that it meets the criteria of the legislation, as set out in paragraphs 3, 4 and 5 of this report, which allows the closure of alleys found to be facilitating the commission of criminal and/or anti-social behaviour.

Members received a report which considered the restriction of public rights over 25 alleyways in the Clifton, Guildhall and Micklegate Ward areas, using crime prevention legislation under Section 129A of the Highways Act 1980, as amended by the Clean Neighbourhoods and Environment Act 2005.

The report presented the following options for consideration:

• Option A – To restrict public rights over all the alleys;
• Option B – To do nothing and let public rights remain over all the alleys;
• Option C – To restrict public rights over all the alleys, excluding the Finsbury Street alleyway for which there had been 3 objections from residents.

Officers updated that there had been an objection from a resident of Millfield Road regarding Millfield Road/Nunthorpe Avenue, stating that the level of crime was not sufficient to warrant closure, and that an increase in police patrols would be a better option than closure.

Members discussed the proposals in the report and highlighted the importance of Ward Councillor involvement in these issues.

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised to accept Option C, and resolve to:

1.            Note any outstanding objections and  decide whether or not it would be in the best interests of the local community to make the Orders recommended in 2. below and :

2.            Authorise the Director of City Strategy to instruct the Head of Civic, Democratic and Legal Services to make Gating Orders for each of the 24 above mentioned alleys (excluding Finsbury Street), in accordance with S129A of the Highways Act 1980, as amended.

Decision of the Executive Member for City Strategy

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

Reason :         The reason for making this decision is that it meets the criteria of the legislation, as set out in paragraphs 3, 4 and 5 of this report, which allows the closure of alleys found to be facilitating the commission of criminal and/or anti-social behaviour.