Cheshire County Council, as Highway Authority, has a policy for dealing with the implementation of Alley Gates, on adopted public highways, throughout the County. The policy document sets out the process for the implementation of an Alley Gating scheme and the relevant contact details for each area of Cheshire.
Background
The Government introduced measures in the Countryside and Rights of Way Act 2000 (CROW) to stop up and divert routes which were subject to, or aided, criminal activity. These types of routes were envisaged as being located in urban, rather than rural, areas and were often alleyways or interconnecting routes on estates. CROW has been used by other authorities to stop up routes, however, because the stopping up relates specifically to criminal activity rather than mere anti social behaviour it has often been found not always to be an appropriate way to deal with anti-social behaviour issues and a rather cumbersome process. Accordingly, new legislation was introduced in the Clean Neighbourhoods and Environment Act 2005 (CNEA). This inserted sections 129A-129G into the Highways Act 1980, and the Regulations accompanying this legislation came into force on 1st April 2006. The effect of the new legislation is to give Councils the power to gate certain types of route where the Council is satisfied that levels of crime and disorder justify such action. An Order may restrict the public right of way at all times or for certain times or periods as may be appropriate to the circumstances, but can exclude designated persons, bodies or organisations from the restrictions (e.g. residents requiring access to maintain property boundaries, utility companies, emergency services).
Access for occupiers of premises adjoining or adjacent to the route cannot be restricted, nor can a Gating Order be made if it forms the only or principal means of access to dwellings. If it forms the only or principal access to premises used for recreational or business purposes, it cannot restrict access during the times of day when those premises are normally used. The power does not permanently extinguish rights of way, making it possible to subsequently alter or revoke the restrictions and reinstate the public right of way. This effectively means that the land cannot be converted for any other purpose and must still be maintained by the Highway Authority (HA). There are other legislative powers for permanently extinguishing public rights of access, that is stopping up or diverting a highway/public right of way, contained in other legislation. However, the stopping up of a highway can be difficult, or costly, to achieve and may not be appropriate to use in situations of anti social behaviour.
Alley Gating Orders 2008 for Crewe and Nantwich area:
Please use the links below to view the orders
For more information about Alley Gating please contact -
Crewe and Nantwich Area Highways Office 0845 002 0666 or email: engcn@cheshire.gov.uk
|
|