Archived decisions
Agenda Item: 4
MAIN REPORT
1) Purpose of the Report:
1.1. To seek approval for a Gating Order Policy and Protocol.
2) Contextual Information:
2.1. Legislation under the Highways Act 1980 and Clean Neighbourhoods and Environment Act 2005 set out the criteria and procedures that should be followed in considering a request for Gating Orders.
2.2. The proposed Policy and Protocol contains additional criteria that Hampshire County Council will consider before agreement to making an order is given.
3) Key Issues:
3.1 The impact of a gating order on the highway network shall be considered and, in particular, how such an order will affect access to local services.
3.2 A full analysis of crime/anti social incidents will be required to support any request for gating orders.
3.3 The promoting body will need to provide evidence of what other measures have been considered.
3.4 Funding arrangements and management of gates shall be considered before an order is made.
4) Background:
4.1 The proposed policy and protocol have been prepared following a number of requests for Gating Orders across the county. These requests have been made through various Crime and Disorder Reduction Partnerships, Borough Councils and Community Action Teams.
4.2 A draft policy was circulated to Hampshire Action Team (HAT) Members and District Partners on 27 April 2008 and feedback circulated in late June 2008. In general the response was supportive and some comments made by HAT Members and the Police have been included in the policy and protocol for which approval is now sought.
4.3 A survey of gating policies of eight other local authorities has been carried out. The proposed policy and protocol for Hampshire have been prepared based on the procedure followed by other authorities.
5) Conclusions:
5.1 Any highway should be kept open and passable to the public and a Gating Order shall only be considered if the criteria laid down in the Policy and Protocol are met and other alternative measures have proven unsuccessful.
5.2 The progression of a gating order will be on a partnership basis with the promoting body.
6) Summary Recommendation:
6.1 That approval be given to the new gating policy and protocol as set out in the appendix.
CORPORATE OR LEGAL INFORMATION:
LINKS TO THE CORPORATE STRATEGY | ||||
Yes |
No | |||
Hampshire safer and more secure for all |
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Corporate Business plan link no (if appropriate) |
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Maximising well-being |
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Corporate Business plan link no (if appropriate) |
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Enhancing our quality of place |
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Corporate Business plan link no (if appropriate) |
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OTHER SIGNIFICANT LINKS: | ||
Links to Previous member decisions: | ||
Title |
Ref |
Date |
Direct Links to Specific Legislation or Government Directives | ||
Highways Act 1980 |
Date | |
Clean Neighbourhoods and Environment Act 2005 |
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Traffic Management Act 2004 |
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Section 100 D - Local Government Act 1972 - background documents | |
The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report. (NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.) | |
Document |
Location |
None |
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1763Rpt/225/DV
COMPREHENSIVE RISK & IMPACT ASSESSMENT:
Assessment of the Race Relations (Amendment) Act has been considered in the development of this proposal. No adverse impact has been identified in terms of race, creed or gender.