Statement of Reasons
Derby City Council (Church Walk)
(Gating) Order 2012
Effect
This statement relates to the making of a gating order to suspend rights of the public to use part of the highway by introducing a gating order on Church Walk, Rights will be suspended between the hours of 6pm until 7am, weekends and during school holidays periods of St Chad’s CE Nursery and Infant School. See attached plan no. TMD/12 for the location of the gates.
Reasoning
When considering whether to make a gating order the Council is under a duty under Section 129A Highways Act 1980 to be satisfied that:
· there are premises that adjoin or are adjacent to the highway to which this order relates that are affected by crime or anti-social behaviour, and
· that the existence of that highway is facilitating the persistent commission of criminal offences or anti-social behaviour, and
· that it is in all the circumstances fitting to make this order for the purposes of reducing crime or anti-social behaviour.
Anti-social behaviour means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as himself (Clean Neighbourhoods and Environment Act 2005).
Background
Church Walk is a footpath which connects between Western Road and Gordon Road. Concerns have been raised by members of the public in relation to the regular occurrence of drug use and dealing, drinking, anti-social behaviour, littering and flytipping. Because of the shape of the alleyway (L shaped) it is an ideal area for drug use and drug dealing. Drug dealers have been seen to pull up at either Western Road or Gordon Road, entering the alleyway to ‘do the deal’.
Anecdotal information from local residents, the head teacher of the school and the Priest at the local Polish church suggests that this happens on a daily basis, causing a health and safety problem for people using the alleyway.
Residents have complained about litter in the alleyway, in particular drug and alcohol related litter. Because of how sheltered the alleyway is, it is regularly used as a toilet and has been reported to be used for sexual activities. In response to residents complaining about this on a regular basis, the Board agreed to fund Streetpride to Jet wash the alleyway every two weeks in the 2011-2012 financial year. This has been well received by residents, claiming the additional resources put in by Streetpride has significantly improved the appearance of the alleyway. However, this is not a service that can be offered on a permanent basis.
Proposal
It is proposed to make a gating order to suspend the rights of the public use of the highway between the hours of 6pm until 7am every night, weekends and during school holidays periods. The following people are excluded from the restriction of the gating order and will be able to gain access through the controlled gating areas:
· St Chad’s Primary School
· The Polish Catholic Church
· emergency services
Statutory undertakers requiring access will be able to contact St Chad’s Primary School, or the Polish Catholic Church. The priest at the Catholic Church lives on site.
No vehicular routes will be affected. At all other times outside of the hours between 6pm and 7am, weekdays and in term time, the public would be able to access the public footpath.
Evidence to support the proposal
Statements of support have been provided by the local Safer Neighbourhood Team and Streetpride.
The Ward Councillors and the Neighbourhood Board are in full support of the proposals. They have agreed to provide funding for the gating order and gates.
In March 2011 100 properties were consulted on Western Road, Gordon Road, Baileys Road, Waverley Terrace and Salisbury Street through door knocking and leafleting
From this consultation we received 32 responses:
§ 24 say ‘Yes’ to gating off of the alleyway
§ 7 say ‘No’ to gating off of the alleyway - most of these said they would support part closure- which is now proposed.
§ 1 said they’d like to remain neutral on this
We provided St Chads School with questionnaires.
From this consultation we received 16 responses:
§ All 16 said ‘Yes’ to gating off of alleyway
The Head Teacher at St Chad’s is also in favour of the proposal, hence they agreed to open and close the case at said times.
The Polish Catholic Church, which is situated next to the alleyway, has been consulted with. The priest was in favour of the gating off of the alleyway and has been involved in the past in implementing security measures to ensure a reduction in Anti Social Behaviour. Of the 53 responses provided, all were in favour of gating the alleyway, one stated they would like it to remain open in the day- during shopping hours.
Alternative Routes
There are two alternative pedestrian routes available for access;
· One from Western Road onto Bailey Street, Mill Hill Road, back down to Gordon Road
· The other from Western Road, onto Temple Street, Upper Bainbrigge Street and Gordon Road
Neither route would create much of a diversion and both routes are perceived a safer route to take.
Review
If the gating order was granted and the gates installed, the order would be reviewed every twelve months. This review will evaluate whether:
· the gating order is acting as a useful crime or antisocial behaviour reduction measure, and
· assess the impact it is having on the community and
· whether the limited access is causing excessive inconvenience.
Paul Robinson
Strategic Director Neighbourhoods
Derby City Council
Saxon House
Friary Street
Derby
DE1 1AN
November 2012