Alleygating

Under the Cleaner Neighbourhoods and Environment Act 2005 (CNEA) areas can be closed and gated for crime preventation reasons, but they can not be gated expressly to prevent anti-social behaviour.

An alleygating scheme involves erecting steel, self-locking gates to the ends of alleyways and passages. Alleygates are the responsibility of the homeowners that live around them.

Gating Orders

  • Gating Orders introduced under the CNEA have to be reviewed every twelve months. The CNEA allows local authorities to erect, or allow the erection of, a physical barrier to restrict public access to a highway over which the public would normally have a right of passage.
  • The CNEA provides for a local authority to make a 'gating' order in respect of a highway that is facilitating high and persistent levels of crime and/or anti-social behaviour which adversely affects local residents or businesses. This will be based on the area crime statistics of all statutory agencies involved including Wyre Borough Council, Lancashire Constabulary, Lancashire Fire and Rescue Service and also housing associations where relevant. A Gating Order would only be installed where a reduction in crime can be demonstrated.
  • The CNEA allows areas to be closed and gated for crime prevention reasons but they do not allow alleyways to be gated expressly to prevent anti-social behaviour.
  • The closure is by an order and can be objected to and potentially subject to a public inquiry. There is no guarantee that the order will be agreed.
  • A gating order may not be made if it will restrict access to any dwelling where it is the principal or only access route.
  • Another consideration is the negative affect of a blight on the area because the closure is related to high levels of crime, which could affect future sales of properties and it may be perceived as a problem area.

What happens if a Gating Order is requested?

Assessment

Consideration has to be made on the wishes of residents and users of the area in question. e.g. if after consultation the feedback is that gating is not required then if the gating order proceeds the Local authority may be called to a public inquiry.

Survey

Once a request has been made for gates the Rights of Way Officer, Lancashire County Council (LCC) will investigate the status of the highway and the most suitable legislation to be used. They can also advise if there are any planning implications to consider. In addition a survey of the route has to be undertaken by the Officer to supply an alternative route plan.

Draft Order Stage - 28 Day Notice

A request to make an order needs to be processed by the Local Authority to include a copy of the alternative route plan provided by the Rights of Way Officer for consideration.

Consultation

Wyre's Community Safety Team need to be contacted to update records to reflect the draft order. Should objections be received by the local authority during this notice period investigations need to be made and discussed with all parties.

Commissioning Works

It is a lengthy process from a gating request to consideration due to all the statutory obligations.

  • Tel: 01253 891000
  • Fax: 01253 899000
  • Minicom: 01253 887636
  • Wyre Borough Council
    Civic Centre
    Breck Road
    Poulton-le-Fylde
    Lancashire
    FY6 7PU