Report to the Cabinet Member for Sustainable Development
Report submitted by: Executive Director of Environment
Part I - Item No. 5
Electoral Divisions affected:
All
Proposed Amendment to the Scheme of Delegation to Chief Officers
Delegation of Power to Process and Make Gating Orders Under Section
129A-G Highways Act 1980
(Appendices ‘A’ and 'B' refer)
Contact for further information:
Martin Galloway, 01772 532096, Environment Directorate
Executive Summary
Approval is sought for amendments to the Scheme of Delegation to Chief Officers,
the effect of which would provide for the delegation of power to carry out procedural
steps and to make a Gating Order when there are no objections or adverse
comments to the Executive Director of Environment.
Recommendation
That,
i.
the Leader of the County Council be requested to agree that the Scheme
of Delegation to Chief Officers be amended by the addition of powers to
the Executive Director of Environment to undertake the functions set out
at 3-14 and 16-22 in the Procedure for Approving Gating Orders set out at
Appendix ‘B’, and
ii.
the procedure previously approved be amended to reflect this.
Background
New Sections in the Highways Act provide that Gating Orders can be made in
respect of certain highways if certain criteria are met.
A Procedure setting out the required procedural steps and responsibilities in making
Gating Orders has recently been approved and is set out at Appendix ‘A’.
Approval for the procedure to commence in connection with nine highways in
Preston has also been given.
-2Preston City has approximately 40 other highways being back streets with gates
erected but locked open, which have been awaiting this legislation.
Final arrangements have not yet been agreed but it is the preference of officers from
the City Council, based on current crime figures, that the outstanding 40 streets are
progressed as a priority and any other requests be considered as part of a future
programme, including requests which are to be privately/alternatively funded.
Evidence statements are being prepared for all these 40 highways where gates are
in place to enable approval for gating orders to be sought as quickly as possible
once the first nine cases have been completed.
In addition District Crime and Disorder Reduction Partnerships have been asked to
consider potential alleygating programmes in their areas and to prioritise likely
schemes if any (together with appropriate funding) for an annual countywide gating
programme.
It is considered that it may be appropriate that the Scheme of Delegation to Chief
Officers be amended, the effect of which would provide for the delegation of power to
carry out procedural steps in connection with Gating Orders including making a
Gating Order when there are no objections or adverse comments to the Executive
Director of Environment.
Consultations
Preston City Council, Crime Reduction Partnership
The County Council’s Community Safety Working Group
Chairs of 12 Lancashire District Crime and Disorder Reduction Partnerships
Advice
It is clear that there are many more highways to be considered for the Gating Order
procedure.
The procedure approved at present (in connection with the consideration of the first
nine highways) provides that after the period during which objections can be filed
there would be a report presented to the Cabinet Member for Sustainable
Development for a decision as to whether to make a Gating Order (Appendix ‘A’
refers).
If, however, there have been no objections or adverse comments received, it may be
considered appropriate that the power to make an Order be delegated to the
Executive Director of Environment and that this be reflected in the procedure. The
procedure would be amended to that attached at Appendix ‘B’.
The Executive Director of Environment at present has been authorised to take steps
3-12 in the procedure (Appendix ‘A’) only in connection with the first nine highways
being considered. It is advised that it is now considered appropriate that the
authority to take steps 3-14 and 16-22 in the revised procedure set out at Appendix
‘B’, be delegated to the Executive Director of Environment for all Gating Order
proposals.
-3-
Alternative options to be considered
Not to delegate power to make Orders where there have been no objections.
Not to delegate authority to take the steps beyond step 12 in the present procedure
for Gating Orders.
Implications: e.g. Financial, Legal, Personnel, Human Rights, Crime and Disorder
or Other
This item has the following implications, as indicated:
Financial
The costs of providing/maintaining the gates and the legal order process for Gating
Orders are expected to be met by the Crime and Disorder Reduction Partnerships or
individual requests by agreement.
Legal
If agreed, the procedure outlined at Appendix ‘B’ would ensure an effective and legal
process is adhered to, thereby enabling a consistent approach countywide.
Crime and Disorder
The new gating powers will enable a consistent approach to be made to restrict
movements on highways where crime and antisocial behaviour are identified as a
problem.
Any representations made to the Cabinet Member prior to the issue being
considered in accordance with the Public Notice of Forward Plans
Name:
N/A.
Organisation:
Comments:
-4Local Government (Access to Information) Act 1985
List of Background Papers
Paper
Date
Contact/Directorate/Ext
Alleygating Guidelines for
Community Safety Partnerships
April 2003
Martin Galloway/
Environment/
32096
Statutory Instrument 2006 No
537, Environmental Protection,
England. The Highways Act
1980 (Gating Orders) (England)
Regulations 2006
1 April 2006
Clean Neighbourhoods and
Environment Act 2005
Home Office guidance relating to
the making of Gating Orders
March 2006
Reason for inclusion in Part II, if appropriate
N/A.
-5-
Decision Taken: Declarations
Cabinet Member for Sustainable Development
Proposed Amendment to the Scheme of Delegation to Chief
Officers
Delegation of Power to Process and Make Gating Orders Under
Section 129A-G Highways Act 1980
This item has been cleared by the: Legal Services Group
: Finance Group
Yes
Yes
Original recommendation, as set out in the report, approved without
amendment.
Yes
Original recommendation amended and decision as follows:
No
I have a personal/prejudicial interest in this matter.
No
If an interest is declared please give details below:
A C P Martin
Cabinet Member for Sustainable
Development
11 July 2006
Chief Officer
I certify that this is an appropriate and
accurate record within the terms of
Graham Harding
Standing Order 63(3) and (5) of the
Executive Director of Environment
decision taken by the Cabinet
Member.
11 July 2006
*Delete as appropriate
-6-
Decision Taken: Declarations
Leader of the County Council
Proposed Amendment to the Scheme of Delegation to Chief
Officers
Delegation of Power to Process and Make Gating Orders Under
Section 129A-G Highways Act 1980
This item has been cleared by the: Legal Services Group
: Finance Group
Yes
Yes
Original recommendation, as set out in the report, approved without
amendment.
Yes
Original recommendation amended and decision as follows:
No*
I have a personal/prejudicial interest in this matter.
No
If an interest is declared please give details below:
Hazel Harding
Leader of the County Council
Date 13 July 2006
Chief Officer
I certify that this is an appropriate and
accurate record within the terms of
Graham Harding
Standing Order 63(3) and (5) of the
Executive Director of Environment
decision taken by the Cabinet
Member.
Date 24 July 2006
*Delete as appropriate
Appendix ‘A’
Gating Orders Procedural Steps/Responsibilities
Preliminary Steps
Action
1. Receive representations from members of the public
and others. Identify highways to be gated and carry
out preliminary consultations with
residents/businesses. Prepare justification and
evidence statement (including health impact
assessment/DDA and crime figures).
District Crime Reduction
Partnership
2. Establish funding/maintenance sources, including
legal costs.
District Crime Reduction
Partnership
3. Prioritise annual gating programme.
LCC / District Crime
Reduction Partnerships
4. Verify highway status and details, times of restriction,
access to premises, alternative routes.
LCC
5. Establish database/advertising procedure.
LCC
Statutory Procedures
Action
6. Agree consultation list.
LCC
7. Draft proposed Order.
LCC
8. Prepare Notice.
LCC
9. Publish on website and press and place on deposit.
LCC
10. Post site notices.
11. Distribute to standard consultees and other
reasonably interested parties.
LCC / District
LCC
12. Consider representations (after 28 days) and consider
advice to Cabinet Member.
LCC / District Crime
Reduction Partnership
13. Report to Cabinet Member – approval/not proceeding.
LCC - Cabinet Member
14. Overrule objections/amend/proceed to Public Inquiry.
LCC - Cabinet Member
Post Order Procedures
Action
15. Publish Order on website.
LCC
16. Post Notice on or adjacent to highway (maintain for
duration of Order).
LCC
17. Deposit copy of Order in Council Offices.
LCC
18. Place on REGISTER of Gating Orders.
LCC
19. Record on database approval and date for review.
LCC
20. Carry out annual review of Gating Orders with report
to Cabinet Member.
LCC / District Crime
Reduction Partnership
IDENTIFY STREETS
TO BE GATED
EVIDENCE STATEMENT
KEY
CDRP
LCC
VERIFY
HIGHWAY
STATUS
CDRP/LCC
? = ORDER MAY NOT
BE MADE
IDENTIFY FUNDING
PRIORITISE
PROGRAMME
DATABASE
RECORD
PRELIMINARY
CONSULTATION
ADD TO
REGISTER
DRAFT
ORDER
PUBLISH NOTICE
PRESS, SITE, WEB
STANDARD
CONSULTEES
FORMAL
OBJECTION
OBJECTIONS
AMEND
ORDER
NO
OBJECTIONS
PUBLIC
INQUIRY
?
?
MAKE ORDER
ANNUAL REVIEW
?
Appendix ‘B’
Gating Orders Procedural Steps/Responsibilities
Preliminary Steps
Action
1. Identify highways to be gated and preliminary
consultations with residents/businesses. Prepare
justification and evidence statement (including
health impact assessment/DDA) (requires crime
figures to substantiate case).
District Crime Reduction
Partnership
2. Establish funding/maintenance sources/include
legal costs.
District Crime Reduction
Partnership
3. Prioritise annual gating programme.
LCC / District Crime
Reduction Partnerships
4. Verify highway status and details, times of
restriction, access to premises, alternative routes.
LCC
5. Establish database/advertising procedure.
LCC
Statutory Procedures
Action
6. Agree consultation list.
LCC
7. Draft proposed Order.
LCC
8. Prepare Notice.
LCC
9. Publish on website and press.
LCC
10. Post site notices.
11. Distribute to standard consultees and other
reasonably interested parties.
12. Consider representations (after 28 days).
LCC / District
LCC
LCC / District Crime
Reduction Partnership
13. If no objections, to make an Order.
LCC
14. If objections, to prepare report to Portfolio Holder.
LCC
15. Decision to make Order, overrule objections or to
not proceed or amend proposal.
Cabinet Member
16. Amend proposal/arrange to Public Inquiry.
Post Order Procedures
LCC
Action
17. Publish Order on website.
LCC
18. Post Notice on or adjacent to highway (maintain for
duration of Order).
LCC
19. Deposit copy of Order in Council Offices.
LCC
20. Place on REGISTER of Gating Orders.
LCC
21. Record on database approval and date for review.
LCC
22. Carry out annual review of Gating Orders.
LCC / District Crime
Reduction Partnership
23. Report to Cabinet Member. Review decision.
LCC - Cabinet Member
IDENTIFY STREETS
TO BE GATED
EVIDENCE STATEMENT
KEY
CDRP
LCC
VERIFY
HIGHWAY
STATUS
CDRP/LCC
? = ORDER MAY NOT
BE MADE
IDENTIFY FUNDING
PRIORITISE
PROGRAMME
DATABASE
RECORD
PRELIMINARY
CONSULTATION
ADD TO
REGISTER
DRAFT
ORDER
PUBLISH NOTICE
PRESS, SITE, WEB
STANDARD
CONSULTEES
FORMAL
OBJECTION
OBJECTIONS
AMEND
ORDER
NO
OBJECTIONS
PUBLIC
INQUIRY
?
?
MAKE ORDER
ANNUAL REVIEW
?