COUNTY COUNCIL

THE COUNTY OF CUMBRIA (VARIOUS HIGHWAYS, ) (GATING) ORDER 200

1. The hereby gives notice that it proposes to make the above Order under Section 129A of the Highways Act 1980 on the grounds of crime and anti-social behaviour.

2. A copy of the draft Order and Schedule is attached.

3. The effect of the proposed Order will be to prohibit any person from proceeding or from causing or permitting any vehicle to proceed, at any time on any day, along the following lengths of highway in Carlisle, when the public rights of way will be restricted by lockable gates at either end: -

(a) Highway running between Nos. 18/20 Edward Street, then along the rear of Edward Street in a south-easterly and then south-westerly direction to the junction with Flower Street at a point between Nos. 19/21 Flower Street;

(b) Highway running from a point adjacent to No. 16 Flower Street, then along the rear of Nos. 9-25 Grey Street in a south-westerly direction and then in a south- easterly direction to the junction with Grey Street at a point between Nos. 5/9 Grey Street;

(c) Highway running between the rear of Nos 2-54 Crummock Street and the rear of Nos 1-49 Bassenthwaite Street, Carlisle; and highway running to the rear of Nos. 71-81 Wigton Road, Carlisle; and

(d) Highway running between the rear of Nos 71 – 99 lower Crummock Street from the junction with Abbots Road, along the rear of numbers 29-47 Dowbeck Road, extending in a south-easterly direction to a point where there is an existing barrier blocking the highway.

4. The following persons or bodies will be exempted from the restriction detailed in paragraph 3 above and will be issued with keys for the gates:-

(a) The occupiers of: - Even numbers 12-32 including 30(a), (b),(c),(d) Edward Street; Odd numbers 1-25 Flower Street; Odd numbers 27-31 Grey Street; Numbers 4(a),6(a),8(a) Close Street; Odd numbers 5-25 Close Street; Even numbers 2-16 Flower Street; Odd numbers 1- 27 Crummock Street, Even numbers 4-30 Bassenthwaite Street, Odd numbers 71-81 Wigton Road; and Odd numbers 71-99 lower Crummock Street and odd numbers 29-47 Dowbeck Road; (b) Police, Ambulance and Fire and Rescue Services; (c) Community Services, Carlisle City Council (Refuse collection/street cleansing etc.) (d) Local Policing Team Inspector, ; and (e) Utility Services (Water, Gas, Electricity & Telecommunications providers etc). (f) Any individual or organisation deemed appropriate by the Local Committee of the County Council.

Note: Householders will be issued with one key per household and can request an additional two keys per household initially, all free of charge.

The circumstances of replacing keys will be considered by the City Council on a case-by-case basis. The City Council reserves the right to charge for replacement keys in circumstances of loss or failure of an owner to recover a key from a tenant. It is likely that clusters of gates will share a master key for ease of access by the Emergency and Utility Services.

5. In addition to the key-holders detailed in paragraph 4 above, in an emergency, keys for the gates may be obtained by contacting the Duty Inspector for Cumbria Constabulary.

6. Alternative routes, for pedestrians and vehicles, will be available as detailed in Article 5 of the attached draft Order.

7. Documentation detailing the Council’s justification and evidence for proposing to make the above Order, copies of the plans detailing the Highways to be gated and a copy of the draft Order, will be available for public inspection at the offices of the Head of Legal Services, The Courts, Carlisle, CA2 8LZ during normal working days/hours (noting that the office will be closed on 29 and 30 May 2006).

8. If you wish to make representations as to whether or not the proposed Order should be made, you should write to the Head of Legal Services, The Courts, Carlisle, CA3 8LZ, by 26 June 2006, marking your correspondence with reference KB/4.10.01.

B. WALKER Head of Legal Services Dated 26 May 2006 The Courts, Carlisle CA3 8LZ

DRAFT

CUMBRIA COUNTY COUNCIL

THE COUNTY OF CUMBRIA (VARIOUS HIGHWAYS, CARLISLE) (GATING) ORDER 200><

The County Council of Cumbria in exercise of its powers under Section 129A of the Highways Act 1980 (“the Act”) and of all other enabling powers hereby makes the following Order:-

1. This Order shall come into operation on >< and may be cited as The County of Cumbria (Various Highways, Carlisle) (Gating) Order 200><

2. No person shall proceed, or cause or permit any vehicle to proceed, along the lengths of highway (“the Highways”) specified in the Schedule below at any time on any day, when the rights of way will be restricted by lockable gates at either end.

3. Nothing in Article 2 above shall apply to the following: -

(a) The occupiers of: - Even numbers 12-32 including 30(a), (b),(c),(d) Edward Street; Odd numbers 1-25 Flower Street; Odd numbers 27-31 Grey Street; Numbers 4(a),6(a),8(a) Close Street. Odd numbers 5-25 Close Street; Even numbers 2-16 Flower Street; Odd numbers 1- 27 Crummock Street, Even numbers 4-30 Bassenthwaite Street, Odd numbers 71-81 Wigton Road; Odd numbers 71-99 lower Crummock Street and odd numbers 29-47 Dowbeck Road; (b) Police, Ambulance and Fire and Rescue Services; (c) Community Services, Carlisle City Council (Refuse collection/street cleansing etc.) (d) Local Policing Team Inspector, Cumbria Constabulary; and (e) Utility Services (Water, Gas, Electricity & Telecommunications providers etc). (f) Any individual or organisation deemed appropriate by the Local Committee of the County Council;

who will be issued with keys for the locked gates.

4. In an emergency, additional keys for the gates can be obtained by contacting the Duty Inspector for Cumbria Constabulary.

5. An alternative route for pedestrians and vehicles, during the times that the Highways are restricted in accordance with Article 2 above, will be available as follows: -

(a) Highway running from Nos. 18/20 Edward Street to Nos. 19/21 Flower Street

When approaching from Flower Street return to Grey Street junction and turn north east up Grey Street. On meeting the Edward Street crossroad turn north west up Edward Street.

When approaching from Edward Street turn south east along Edward Street until reaching the junction with Grey Street. On meeting Grey Street turn south west into Grey Street.

(b) Highway running from a point adjacent to No. 16 Flower Street to Nos. 5/9 Grey Street

When approaching from Flower Street continue south east until reaching the junction with Grey Street. Turn south west along Grey Street.

When approaching from Grey Street continue north east along Grey Street until reaching the junction with Flower Street. Turn north west into the cul-de-sac end of Flower Street.

(c) Highway running to the rear of 71-81 Wigton Road and the rear of Crummock Street and Bassenthwaite Street

When approaching from Bassenthwaite Street turn north west and travel along Bassenthwaite street until you reach Wigton Road. Turn north east along Wigton Road until you reach the junction with Crummock Street. Turn south east into Crummock Street.

When approaching from Crummock Street turn north west and travel along Crummock Street until you reach Wigton Road. Turn south west along Wigton Road until you reach the junction with Basenthwaite Street. Turn into Bassenthwaite Street.

When approaching from Abbots Road turn either north east or south west along Abbots Road. If travelling south west on reaching the junction with Bassenthwaite Street turn into Bassenthwaite Street and continue north west until reaching Wigton Road.Turn north east along Wigton Road until you reach the junction with Crummock Street. Turn south east into Crummock Street. If travelling south east on reaching the junction with Crummock Street turn into Crummock Street and continue north west until reaching Wigton Road.Turn north east along Wigton Road until you reach the junction with Crummock Street. Turn south east into Crummock Street.

(d) Highway running between the rear of lower Crummock Street and Dowbeck Road

When approaching from Abbots Road continue north east along Abbots Road onto Dowbeck Road.

When approaching from Abbots Road continue south west along Abbots Road onto Crummock Street.

4. The Council is satisfied that the conditions set out in Section 129A(3) of the Act have been met, namely that: -

(a) premises adjoining or adjacent to the Highway are affected by crime or anti-social behaviour; (b) the existence of the Highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and (c) it is in all the circumstances expedient to make this Order for the purposes of reducing crime or anti-social behaviour in the area.

5. The installation, operation and maintenance of lockable gates to enforce the restriction of public rights of way is hereby authorised.

6. The Highways Services Unit, Carlisle Technical Services, Carlisle City Council, is responsible for the maintenance and operation of the gates.

7. If keys are lost or damaged, replacements may be obtained by contacting the Highways Services Unit, Carlisle Technical Services, Carlisle City Council. The City Council may make a charge for replacement keys.

8. This Order will be available for inspection at the offices of the Council’s Legal Services Unit, The Courts, Carlisle, for a period of one year from >< (Operative Date) and will be published on the Council’s website.

9. This Order will be registered in the Register of Gating Orders, at the offices of the Highways Services Unit, Carlisle Technical Services, Carlisle City Council and a copy of the Order will be available to members of the public on payment of a reasonable charge.

10. The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Dated the day of 200

Executed as a Deed by ) affixing the Common Seal of ) CUMBRIA COUNTY COUNCIL ) in the presence of:- )

Authorised Signatory ……………………………………..

SCHEDULE

Highways in Carlisle Subject to Lockable Gates

(a) Highway running between Nos. 18/20 Edward Street, then along the rear of Edward Street in a south-easterly and then south-westerly direction to the junction with Flower Street at a point between Nos. 19/21 Flower Street;

(b) Highway running from a point adjacent to No. 16 Flower Street, then along the rear of Nos. 9- 25 Grey Street in a south-westerly direction and then in a south-easterly direction to the junction with Grey Street at a point between Nos. 5/9 Grey Street;

(c) Highway running between the rear of Nos 2-54 Crummock Street and the rear of Nos 1-49 Bassenthwaite Street, Carlisle; and highway running to the rear of Nos. 71-81 Wigton Road, Carlisle; and

(d) Highway running between the rear of Nos 71 – 99 lower Crummock Street from the junction with Abbots Road, along the rear of numbers 29-47 Dowbeck Road, extending in a south- easterly direction to a point where there is an existing barrier blocking the highway.