Agenda item

to consider objections or matters relating to gating scheme 012/20, which relates to Hampton Road, Failsworth

Consideration was given to a report which advised of objections to gating scheme 012/20 which related to Hampton Road, Failsworth.

Members were informed that Public Space Protection Orders (PSPO’s) were introduced in the Anti-Social Behaviour, Crime and Policing Act 2014. In 2017 all existing gating order across the borough automatically transitioned to become PSPO’s. Since 2017, the existing Orders, along with newly introduced ones, have offered protection to over 8000 properties and businesses, within the borough, through the use of gates. PSPO’s could only be made for a maximum 3-year period, with a requirement to carry out a statutory consultation exercise before either extending or amending the terms of an order.

In 2024, the statutory consultation exercise was undertaken on all current PSPO’s. The Council used the consultation as an opportunity to move the 200+ existing PSPO’s, which restricted access over highways, into 5 overarching place PSPO’s, which contain all the individual schemes relevant to the respective place area. During the consultation exercise, objections were raised in relation to scheme 012/20, which related to the highway between Hampton Road and Roman Road, Failsworth. This led to further consultation with residents adjoining the scheme, which resulted in a mixture of objections and support for the scheme.

It was noted that the recommendation had been amended and the objection removed. Residents had done a lot of work in the area however there were still some issues. The cleaning of public right of way would remain with the Council and it was advised that extra keys would be available for the volunteers. When the scheme is due to be reviewed consultation would be extended to properties around and not with just the four adjacent properties.

Options Considered:

Option 1: Do not make the PSPO and remove the gating scheme. This would ensure that the Local Authority complies with its duties under the Equality Act 2010, by ensuring that the resident with protected characteristics is able to utilise the highway, without impediment. However, it would also pose a potential risk that anti-social behaviour and criminality, which has previously occurred at this location may reoccur. The removal of the gates would not exceed £1,000 and an external contractor who was appointed after an earlier procurement process will be utilised.

Option 2: Make a PSPO and retain the scheme, with the gates closed on a 24/7 basis. This would ensure that residents adjoining the scheme remain protected from the anti-social behaviour and criminal behaviour that has occurred at this location previously. This was not recommended as this would have a detrimental impact upon persons with protected characteristics and would mean the Council was not compliant with the provisions of the Equality Act 2010. Furthermore, this would likely elicit objections from nearby residents who used the scheme as a valuable cut through as they would no longer be able to do so.

Option 3: Make a PSPO and retain the scheme with set opening and closing times, with the opening and closing of the scheme being overseen by Community Volunteers. This would allow the scheme to be utilised as a cut through by residents during specified periods and would restrict the potential for ASB/Criminal behaviour at this location. This was not recommended as this would have a detrimental impact upon persons with protected characteristics and would mean the Council was not compliant with the provisions of the Equality Act 2010. This option was considered by the Committee in July 2024 as a compromise solution, but the residents did not subsequently agree to accept responsibility for opening and closing the gates and therefore it is not possible to guarantee the gates would be opened or closed at the appropriate times.

RESOLVED that a PSPO be made and retain the scheme with set opening and closing times, with the opening and closing of the scheme being overseen by Community Volunteers. This would allow the scheme to be utilised as a cut through by residents during specified periods and would restrict the potential for ASB/Criminal behaviour at this location.