Meeting documents
Executive (I)
Tuesday, 21st January, 2014
| REPORT TO: | 70 |
| DECISION NUMBER: | PH/6/2014 |
| EARLIEST DATE FOR DECISION: | 21st January 2014 |
APPLICATION FOR GATING ORDER (WANSTEAD CRESCENT) | |
| Matter for Consideration: Consideration of all representations received in response to the proposal to make a gating order to restrict the public right of way at all times over all the highway that runs from its junction with Wanstead Crescent/Ilford Road between 1 Wanstead Crescent and 27 Ilford Road to its junction with Wanstead Crescent/Acton Road between 5 Wanstead Crescent and 24 Acton Road and all the interconnecting highway that runs there from in a north easterly direction between the rear of (i) 24-18 Acton Road and (ii) 27-23 Ilford Road and 42 Arnott Road. | |
| Information: Authority to advertise the notices for this order was granted and the notice was advertised in ‘Your Blackpool’ in July 2013. Copies of the notice were delivered to all households directly affected by the order, displayed adjacent to the alley, sent to all utilities, emergency services, statutory undertakers, service providers and persons identified as requiring a copy. The grounds for the advertisement of the proposed order were referred to in the decision notice. A survey of the residents of properties abutting this alley had been carried out. From the total number of 11 households, 2 replies were received giving an account of theft of property from the rear of the properties and fly tipping. Following the advertisement of the notice in ‘Your Blackpool’, 1 objection was received. Objection 1 The objector's father spends most of the summer in the garden and is unable to hear his doorbell, family and friends freely walk round the back to visit him, with gates installed they would not be able to get round to the garden. (The Council has offered to provide the objector’s father with a portable door bell which he can have with him while outside in the garden to alert him when he does have any visitors. The Council has also offered to provide the objector with gate keys for the alleyway which could be distributed to his friends/members of family to enable them to still be able to visit him when he is in his back garden.) Objection 2 The proposed gating order is on private land. (This is not considered relevant as the owners of the land where the gates are to be situated are in agreement for the Gating Order to go ahead) The resident was contacted regarding the above objections and subject to the provision of keys for his friends/family and a portable bell by the Council, the resident had no objection to the order being made. The Head of Neighbourhood Management’s view is that after visiting all properties involved in this scheme, 2 properties were unoccupied and the remaining 8 properties would like this scheme to go a head. The Ward Councillor for the area Councillor Mrs Haynes would also like the order to go ahead. After checking with Police there have been 13 reported incidents taken place between Ilford Road, Acton Road, Rectory Road and Wanstead Crescent between October 2012 and October 2013, there have also been 15 incidents of fly-tipping. Having regard to all considerations therefore the Head of Neighbourhood Management's view is that an inquiry would not be appropriate and that the order should be made. | |
| Does the information submitted include any exempt information? | NO |
| Legal Considerations: Any decision made must have reference to the Highways Act 1980 section 129 A - G and the Highways Act 1980 (Gating Orders) (England) Regulations 2006 Guidance relating to the Making of Gating Orders. | |
| Personnel Considerations: None | |
| Financial Considerations: Finance approved from the Area Forum's devolved budget | |
| Performance Management Considerations: None | |
| Risk Management Considerations: Increase the safety of the community by the reduction of crime and anti-social behaviour. | |
| Relevant Officer: Russ Weaver, Head of Neighbourhood Management | |
| Relevant Cabinet Member: Councillor A. Cross | |
| Consultation Undertaken: Prior Consultation had already taken place with residents of all houses abutting the alley, the local elected members, the Community Beat Manager, the Council's NEAT Team and the BSafe Blackpool Police Analyst. Statutory consultation has also been carried out. | |
| Background Papers: None | |
| Is this a key decision? | NO |
| Is the decision required in less than 5 days? | NO |
| Recommendations: To consider the representations to the proposed gating order and determine the progression or otherwise of the proposal. | |
| Reasons for Recommendations: It is appropriate for a decision to be made following the advertisement of the proposal | |
| Is the recommendation contrary to a plan or strategy adopted or approved by the Council? | NO |
| Is the recommendation in accordance with the Council’s approved Budget? | YES |
| Other alternative options to be considered: None, the objections must be considered. | |
| Policy, Overview, and Scrutiny Committee Chairman (where appropriate) Date Informed: N/A Date Approved: N/A | |
| DECLARATION(S) OF INTEREST (if applicable) None | |
| Decision: The Cabinet Member resolved as follows: Having considered the representations, to proceed with the Gating Order as originally proposed | |
| Date: | 21st January 2014 |
| Reason for Decision: The Cabinet Member has considered the representations and is still of the opinion that the Gating Order is necessary and proportionate. | |
Date of Publication: | 21st January 2014 |
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