Submitted by

Submission

Brunswick & Adelaide Ward Councillors

Please note the full support of the ward councillors for the scheme, which I hope will deter the anti-social behaviour which has blighted this area for years.

Lansdowne Area Residents Association

I write on behalf of LARA Lansdowne Area Residents' Association to totally support the application for gates into Farman Street. We are well aware of the continuous problems Farman Street has experienced.

Sussex Police

Many thanks for the information. For information I have previously offered my support to the scheme and am keen to keep informed of the progress. C/I Marion Sandwell

Farman Street Residents

No resident of Farman Street offered a submission during the statutory consultation period or registered an objection; however, all residents were contacted prior to the draft order being issued for their views.

In November 2007 residents were contacted with a copy of the background report and a feedback form and this was circulated to all (30) properties on or adjoining Farman Street.

To the question;

Having read the information within the enclosed report, do you support the initiation of a gating scheme for Farman Street? 15 replies were received and all of the replies were YES.

Submission

Submitted by

Response

An unlocked gate will not be sufficient to deter anyone from using Farman Street

Local Access Forum (LAF),

Open Spaces Society (OSS)

Ramblers Association (RA) and two individual submissions included this point

As noted in the background report, a locked gate would be likely to present a more robust response, however 24/7 locking was felt to be disproportionate as crime and ASB in Farman Street is most problematic after dark, and resources to manage a daily locking and unlocking cannot be identified. This proposal has been designed to benefit public safety and crime reduction in Farman Street, but with the minimum level of impact upon legitimate highway users. As a temporary Order, (if granted) it will be regularly reviewed and can be amended as appropriate to ensure that it remains a useful intervention to reduce crime and ASB.

All streets in the City experience similar levels of crime to Farman Street

LAF, and two individual submissions included this point

Incidents of crime and antisocial behaviour are not uniformly spread across the City, and it is widely acknowledged that different places or types of space are subject to differing pressures. Crime and antisocial behaviour `hotspots' have a range of causes and contributory factors, and the background report outlines the particular issues in relation to Farman Street which make it more permissive of crime and antisocial behaviour and of the disproportionate impact of these activities on residents and legitimate users of the highway at this point.

Incidence/evidence of crime and antisocial behaviour taking place in Farman Street is not sufficient to justify a Gating Order

LAF, OSS, RA and four individual submissions included this point

The requirements of the Clean Neighbourhoods & Environment Act are that a council must be `satisfied that the area surrounding the relevant highway suffers from crime or anti-social behaviour and (Gating) would act as a useful crime/anti-social behaviour reduction measure.' The overwhelming view of those who live on Farman Street, as well as those who police Farman Street is that the location experiences disproportionate levels of crime and antisocial behaviour, particularly at night. This is supported by the resident's testimony which has been complied from 12 separate and independent sources, and which - under the terms of the Act can fulfil the requirements for demonstrating the existence of crime and ASB facilitated by the presence of the right of way.

The proposed alternative routes of Waterloo Street or Little Western Street are not suitable for those with buggies.

LAF only included this point

It has not been stated on what basis objectors feel that the proposed alternatives are unsuitable for those with buggies. Considering that this intervention proposes one unlocked gate with restrictions only at night time, it is felt that very few people are likely to be significantly inconvenienced, and that the alternative routes - which are more open and overlooked, are likely to provide a safer through route in any event.

Alternatives to gating have not been fully explored

LAF and one individual submission included this point

The background report considers the range of options available to enforcement agencies in their response, and concludes that a Gating Order would provide a useful and beneficial intervention. The proposed Order is not instead of standard policing measures, but it is an intervention aimed at supporting positive policing of the area to reduce the impact of crime and ASB. The Order (if granted) will be regularly reviewed and may be revoked or amended at any time as necessary.

One respondent requested that an independent hearing/public enquiry should be convened to resolve this application for a Gating Order

One individual submission included this point

Home Office guidance regarding the Act states:

PUBLIC INQUIRIES

Individual respondents do not therefore have a right to a public enquiry/hearing. As the proposed Gating Order has not attracted widespread criticism it is not seen as a appropriate for the council to use its discretionary powers to hold an enquiry in this instance

enhanced policing would be a more preferable and effective response than the provision of a Gating Order

LAF and two individual submissions included this point

The background report states:

Policing - Sussex Police will respond to all calls, but their response will vary according to their workload at the time. The local Neighbourhood Specialist Policing Team carry out regular patrols around the area, and will target known `hotspots'. If justified by the situation, the Police will deliver targeted operations and high visibility policing in certain areas and locations. Due to the random nature of offences however, it is unlikely that focused high visibility operations will have a lasting impact, as problems will resume once the police have left the area. Limited Police resources make it unlikely that they would be able to sustain long term high visibility policing at this location.

It is felt that, because of the reasons given above, an intervention in Farman Street based solely on direct policing would not be sufficient. It must be noted also that a gating order is not instead of but as well as standard policing activities and that the proposed

The gate will have a negative impact within the conservation area. planning consent for a gate has not been submitted

One individual submission included this point

The Conservation Team have been contacted regarding this proposal, and - should an order be granted - they will be consulted regarding the final design of the gate. There is no requirement to produce a design of a gate before the granting of an order and in terms of the Clean Neighbourhoods and Environment Act, the aesthetic element of any proposal is not relevant. In planning terms, any gate installed following the granting of a gating order would be considered a BHCC permitted development and would not require planning consent.

Those travelling into Farman Street from Western Road will be `criminalised' whereas those entering from Cross Street will not be.

Two individual submissions included this point

The Clean Neighbourhoods and Environment Act does not provide further enforcement tools other that the power to erect a gate or barrier across the highway. The council therefore does not have the power to serve penalty notices against those who enter a `gated' area without authorisation, nor would the police consider such an act in itself as a criminal offence.

the council has not sufficiently drawn public attention to the full extent of the appropriate legislation and in particular the right for citizens to demand a public enquiry

One individual respondent included this point

The advertised order was drawn up with the support of BHCC legal services and is felt to be adequate in law. The background report which was made available at City Direct or on request throughout the consultation period which included the full home office guidance on the legal framework supporting gating orders.

As noted above, under the Act individuals do not have the automatic right to demand a public enquiry, although a council may hold one at its discretion when requested by an individual.

The provision of a gate at Farman Street may conflict with requirements under the Disability Discrimination Act

Two individual respondents included this point

Guidance provided by the Home Office regarding the making of Gating Orders states that: `Special consideration should be given to the impact a potential order might have on disabled users of the highway to ensure that alternative routes are free from obstructions and are suitably paved. During the installation of the gates consideration should be given to the height of the locks and the ease at which they can be opened and closed'

We can confirm that all of these aspects have been and will be taken into account within this process.

The presence of a gate would serve to displace perpetrators of crime and ASB into neighbouring streets.

Two individual respondents included this point

The potential for displacement is an important issue, but would not in itself be a valid reason to ignore the problems in Farman Street. If a Gating Order is granted the annual review of any order will also consider issues of potential displacement and City Council and partners will keep aware of the changing patterns of antisocial and criminal behaviour and will continue to challenge it wherever `hotspots' develop across the City.

Gating will lead to more, not less trouble as people seek to use the street when they are not "allowed" to

One individual respondent included this point

The justification for the proposed Gating Order is provided in the background report which has been available from City Direct and on request throughout the consultation period.

It is considered unlikely that more people will seek to use Farman Street as a result of a gate

1: The lack of signage at the entrance with Farman St and Cross St stating that the gate at the top will be closed from 6pm to 8 am.

2: The hours are inappropriate: they should be 7pm to 7 am, allowing for residents and commuters to have normal access.

One individual submission included this point

1: Appropriate signage will be placed at the junction of Farman Street and Cross Street

2: The hours of operation will be reviewed as a part of the annual review and may be amended as necessary