Public Footpath 11 Summerdale Road and Newtown Avenue Proposed Gating Order

BARNSLEY METROPOLITAN BOROUGH COUNCIL

BARNSLEY METROPOLITAN BOROUGH COUNCIL (PUBLIC FOOTPATH CUDWORTH 11 SUMMERDALE ROAD AND NEWTOWN AVENUE) PROPOSED GATING ORDER 2008

NOTICE is hereby given that Barnsley Metropolitan Borough Council proposes to make a ‘Gating Order’ under section 129A of the Highways Act 1980.

The council is satisfied that currently the premises adjoining or adjacent to the highway are affected by crime and anti-social behaviour, the existence of the highway is facilitating crime and anti-social behaviour, it is therefore  expedient to make an Order for the purposes of reducing crime and anti-social behaviour in the immediate locality.

Should the order by made it will restrict the public right of way over the aforementioned footpath at all times by means of a gate and barrier at either end of the footpath. 

The alternative route for pedestrians will be via Newtown Avenue and Summerdale Road. 

A DRAFT of the proposed order is shown below.

Any representation or objection to the proposed Order must be made in writing by 20th October 2008.  Any correspondence regarding this matter should bear the Ref No. CC/SAC/AF/024/00020a and be marked for the attention of Sarah Ford, Public Rights of Way, Highways and Engineering, PO Box 601, Barnsley, S70 9FA or by email on publicrightsofway@barnsley.gov.uk 

Comments from this consultation will be considered and included in a report to the appropriate council committee, with a recommendation to make or reject the proposed order.  If the order is made there will be a further period of public consultation 
DRAFT SCHEDULE

DRAFT wording for the Proposed Gating Order

Barnsley Metropolitan Borough Council (Public Footpath Cudworth 11 Summerdale Road and Newtown Avenue) Gating Order 2008

The order will made by Barnsley Metropolitan Borough Council under Section 129A of the Highways Act 1980 (hereafter call “the Act”) and may be cited as Barnsley Metropolitan Borough Council (Public Footpath Cudworth 11 Summerdale Road and Newtown Avenue) Gating Order 2008.

By this Order:

1. The Authority is satisfied that the terms and conditions set out in The Act have been met and that:
(a) Premises adjoining or adjacent to the highway are currently affected by anti-social behaviour.
(b) The existence of the highway is facilitating the persistent commission of
anti-social behaviour.
(c) It is in all the circumstances expedient to make the Order for the purpose of preventing crime and anti-social behaviour.

2. It is proposed that the order will take effect from  (TO BE COMPLETED IF ORDER IS MADE).

3. The public right of way known as Public Footpath Cudworth 11, which adjoins Newtown Avenue and Summerdale Road will be restricted at all times by the erection of gates and barrier at each end of the footpath.

4. The alternative route for pedestrians will be Newtown Avenue and Summerdale Road.

5. The maintenance and operation of the gates will be the responsibility of Barnsley Metropolitan Borough Council’s Cudworth and North East Area Board.

If any person should wish to question the validity of this proposal on the grounds that the Borough Council had no power to make it, or that any requirement of Part 8a of the Act was not complied with in relation to the Order, he or she would be required to apply to the High Court within six weeks from the date on which the Order is made.

IN WITNESS thereof the Common Seal of Barnsley Metropolitan Borough Council on the  (NO DATE REQUIRED AS THIS IS A DRAFT ONLY)

DRAFT NOTICE DATED: 12 September 2008