NOTICE OF INTENTION TO MAKE A GATING ORDER
UNDER THE HIGHWAYS ACT 1980 PART 8A SECTIONS 129A-129G
THE WARWICKSHIRE COUNTY COUNCIL
(D703 FARADAY AVENUE, EDISON ROAD, CANTON LANE, HAMS HALL) GATING ORDER 2012
NOTICE IS HEREBY GIVEN that Warwickshire County Council (“the Council”) proposes to make an Order under section 129A of the Highways Act 1980 in the form of the draft Order set out inAnnexe 1 to this Notice.
The proposed Order will restrict the public right of way over Faraday Avenue, Edison Road and Canton Lane. The lengths of highway affected (the highways”) are shown by a solid black line on the Order Plan.
The purpose of the proposal is to restrict public access over the highways on all days and at all hoursand to enforce the restriction by the installation and operation ofbarriers at the points shown on the Order Plan.
This restriction of public access will only apply to motor vehicles and motor cycles and is subject to important exceptions (exclusions). It will notrestrict access to:
i)Owners or occupiers of premises adjoining or adjacent to the highways affected
ii)Visitors to business or recreational premises adjoining or adjacent to the highways affected
iii)Emergency services
iv)Local authorities and public utility undertakers
The sole purpose of the Order is to provide control over crime or behaviour by persons which has caused and is likely to cause harassment, alarm or distress to one or more persons (“anti-social behaviour”). This refers to the use of the highways affected to facilitate ‘cruising’ which in turn affects adjoining or adjacent premises.
“Cruising” is the use of the road for random parades at which customised vehicles are paraded for the purpose of showing-off and display. These events are organised by communications through social media and can occur at short notice at any time of the day or night.
On the 17th October 2011 the High Court accepted the Council’s evidence that these events constituted anti-social behaviour and granted an injunction restraining such events from being held. That evidence of a persistent use convinced the Council that action to restrain such events was expedient and resulted in the Court’s decision. Injunction measures are of a temporary nature and are within the discretion of the Courts. The Council is of the view therefore that it is expedient to take additional (more permanent) measures in the form of a Gating Orderto deal with these activities more effectively. The Council is supported in this view by the owners and occupiers of the premises adjoining or adjacent to the highways in question.
The method of control proposed is that when the Police or others obtain information that an event is proposed, the barriers which are to be installed at the roundabout on Faraday Avenue, are lowered. They will be manned when lowered. Access will be restricted with ‘cruisers’ being refused entry, but all others with a legitimate right to use the public rights of way will be allowed to pass the barrier.
Once made, the Council proposes to review the continuing need for the Order every 2 years.
General information about making Gating Orders is contained in Home Office publication “Clean Neighbourhoods and Environment Act 2005 – Guidance Relating to the Making of Gating Orders” March 2006 which can be found at
A copy of the proposed Order and Order Plan may be viewed free of charge during normal office hours at Warwickshire Direct, Shire Hall, Market Place, Warwick and at Warwickshire Direct, Parkfield Road, Coleshill Warwickshire or on the Council web-site at
Written representations or objections to the proposed order can be made to Paul Hooper, Group Manager, Community Safety and Substance Misuse, Shire Hall, Warwick CV34 4RR but will only be considered if they are received by no later than Friday 2nd November 2012
ANNEXE 1
FORM OF PROPOSED ORDER
HIGHWAYS ACT 1980 PART 8A SECTIONS 129A-129G
THE WARWICKSHIRE COUNTY COUNCIL
(D703 FARADAY AVENUE, EDISON ROAD, CANTON LANE, HAMS HALL) GATING ORDER 2012
Warwickshire County Council (“the Council”) makes this Order in exercise of its powers under section 129A of the Highways Act 1980 as amended (“the 1980 Act”) and of all other enabling powers and being satisfied that:
a)each of the highways described in the Schedule of this Order and as shown with solid black lines on the Order Plan [Drawing No TCIS/015/11] annexed hereto is a relevant highway as defined in section 129A(5) of the 1980 Act (“the highways”)
b)the Council is the highway authority for the highways
c)the conditions set out in section 129A(3) of the 1980 Act have been met, namely that:
i)the premises adjoining or adjacent to the highways are affected by crime or behaviour by persons which has caused and is likely to cause harassment, alarm or distress to one or more persons (“anti-social behaviour”);
ii) the existence of the highways is facilitating the persistent commission of criminal offences or anti-social behaviour;
iii)it is, in all the circumstances, expedient to make the order for the purposes of reducing crime and anti-social behaviour.
The purpose of the Order remains as set out in the Notice of Intention to Make a Gating Order and is to restrict the use of the highways for ‘cruising’. The method of achieving that purpose also remains as stated therein.
BY THIS ORDER
- The public rights of way over the highways shall be restricted so that the use of them or any part of them by motor vehicles or motor cycles shall be prohibited on all days and at all hours.
- The restriction in Article 1 shall not apply to restrict the public rights of way over the highways for the following persons:
2.1Any occupier of premises adjoining or adjacent to the highways
2.2Any visitor to premises used for business or recreational purposes adjoining or adjacent to the highways
2.3Any officer, employee or duly authorised agent or contractor of the Council, of any Police Force, Fire and Rescue Authority, NHS Trust or Foundation Ambulance Service and of any other emergency service provided that such persons are acting in the course of their duties
2.4Any employee or duly authorised agent or contractor of any local authority, statutory undertaker, public transport undertaking or public utility company maintaining services in the locality in which the relevant highways are situated provided that such persons are acting in the course of their employment or engagement.
- The installation, operation and maintenance by the Council of a barrier at points A and B shown on the Order Plan for the purpose of enforcing the restriction provided for in Article 1 of this Order is hereby authorised in accordance with subsections 129B(6) and (7) of the 1980 Act.
- No reasonably convenient alternative routes for access are or need to be identified because:
4.1The highways to which the restriction of public rights of way in Article 1 applies do not constitute a through route for the purposes of section 129A(4)(c) of the 1980 Act; and/or
4.2The exclusions in Article 2 from the restriction of public rights of way in Article 1 have the effect of maintaining access at all times over the direct route and through the barrier for owners, occupiers and genuine visitors to premises adjoining or adjacent to the highways.
- The barrier referred to in Article 3 shall be maintained and operated by (details to be completed……………………………) who can be contacted as follows :
By post………………………………………………………………………
(details to be completed
By e.mail……………………………………………………………………
(details to be completed
By tel………………………………………………………………………….
(details to be completed
6.This Order is made and shall take effect on…………… but if a person aggrieved by the Order wishes to question the validity of the Order on the grounds that the Council has no power to make the Order or that any requirement of Part 8A of the 1980 Act was not complied with in relation to the Order, an application must be made to the High Court within six weeks beginning on the above date. An order may not otherwise be questioned in any legal proceedings (subsections 129D(1) and 129D(6) of the 1980 Act).
Schedule
the Highways
Faraday Avenue
Edison Road
Canton Lane
Dated this day of 2012
THE COMMON SEAL of )
WARWICKSHIRECOUNTY)
COUNCIL was hereunto affixed)
in the presence of:-)
Authorised Signatory