Decision details

The Panel considered a report considering objections and matters relating to three gating schemes following a consultation exercise to renew and/or reintroduce a number of Public Spaces Protection Orders across the Borough.

In relation to proposed Scheme 12/20 relating to Hampton Road and Roman Road Failsworth it was noted by the Panel that during the statutory consultation exercise there was an objection received that related to a resident having accessibility issues due to the disability of a family member who lives in one of the properties.  Subsequently after a further consultation, there had been objections from a second resident from a different household who had experienced difficulties with the gate due to a disability.  The report proposed that the gates currently in place be removed but further objections from residents to their proposed removal had been received.

It was reported that with amendments to the wording of the proposed Public Spaces Protection Order it would be possible to retain the gates in place.

Members of the Panel were informed that the gates had been operated by the Council’s First Response Team, who ensured the gates in the morning and locked them in the evening.  However, this arrangement could not continue in future.

In response to the Panel’s questions over who would be given access to the gate, it was confirmed that residents of the four properties would all receive a key.

In relation to proposed Scheme 51/20 relating to Retford Street and Waterloo Street, Oldham, objections had been received from local residents.  In response to the objections a discussion took place amongst Panel Members and Officers on which gates were required to secure the school premises at the location and also maintain rights of access for local businesses.  It was reported that if no decision was made on the proposal, the existing gates would have to be removed.

In relation to proposed Scheme 75/20 relating to 1-27 Lynton Avenue, 706-710 Hollins Road and 171-207 Chapel Road, Oldham Panel Members were informed that the property at 710 Hollins Road was now divided into two premises, with 710B Hollins Road having a single access and egress point situated within the gated area.  Under section 64(5) of the Anti-Social Behaviour, Crime and Policing Act 2014, a public spaces protection order was not permitted to restrict the public right of way over a highway that was the only or principal means of access to a dwelling.  Therefore the proposed Scheme would have to exclude several properties to comply with the Act.

RESOLVED: That:

1.    In relation to Scheme 12/20, a Public Spaces Protection Order be made as originally proposed with the following amendments: in Article 3 no person shall be entitled to use the public right of way, in Article 4 the gates shall be kept locked between 8 pm and 7.30 am, in Article 5 any person using the gates between 8 pm and 7.30 am shall ensure that the gates are closed and locked immediately after they are used and Article 14 shall not refer to breach of Article 3 being an offence.

2.    Scheme 75/20 be included in the proposed South District Public Spaces Protection Order with the relocation of the gate from position A adjacent to 710 Hollins Road to position B at the rear of 203-205 Chapel Road, thereby excluding 710/710B Hollins Road and 205, 207 and 207A Chapel Road from the scheme.

3.    5 District Public Spaces Protection Orders be made for all the remaining schemes which received no objections.

NOTE: In relation to Scheme 51/20 and objector addressed the Panel and no decision was made in respect of the proposal.