Agenda and minutes

(1)       Members of the Panel held a site visit prior to the meeting. They inspected Church Yard Passage and Church Yard, noting the location of the proposed gate. They also walked the alternative route along the High Street, Bank Street and Tufton Street. This site visit was attended by Mr J Hann from the Ashford Community Safety Unit, Mr A Buchanan, Mr J Adey and Rev C Preece (local residents) and Cllr H Apps. 

(2)       The PROW Operations Manager said that since The Highways Act (Gating Orders) (England) Regulations 2006 had come into force, the County Council had been given the power to make, revoke or vary gating orders. This power could be exercised in order to prevent crime or antisocial behaviour on or next to a highway if the County Council was satisfied that premises adjoining or adjacent to the highway were affected by and facilitated persistent crime or anti-social behaviour.

(3)        In 2010 the Ashford Community Safety Unit had submitted an application for a Gating Order in respect of Public Footpath AU79 Ashford Church Yard. This application could not, however, be taken forward as the proposal would have had the effect of preventing access to a number of dwellings.  The Community Safety Unit had therefore brought an amended proposal forward, addressing this flaw.

(4)       The PROW Operations Manager then said that Public Footpaths AU79 and AU80 formed a complete circuit of St Mary’s Church Yard in the centre of Ashford, abutted by residential properties, businesses, a community hall and St Mary’s Church.  These footpaths linked Tufton Street with the High Street and were well-used convenient routes passing through a conservation area of high amenity value. There were two principal means of entry and exit to the Church Yard from Tufton Street and one point of entry/exit to the High Street. There were also private means of entry/exit to the Church Yard - most notably from the Bull Yard on the western side of the Church Yard, abutting Public Footpath AU79.

(5)       The PROW Operations Manager then explained his view that there were suitable alternatives. The footways of Tufton Street and Bank Street and the pedestrianised High Street provided links between the same areas of the town centre. They were well lit with good natural surveillance and primarily passed business properties rather than residential properties.  They were of a similar gradient and were equally convenient.  In the very worst possible case where a person in the High Street wished to access a property in the Church Yard at a time the gate was locked, an additional distance of 400 metres would be added to a journey.  The walking distance would be considerably less than that in most cases.

(6)       The PROW Operations Manager continued by saying that in order for a Gating Order to be made, the crime and anti-social behaviour in question needed to be enduring, constant and repeated.  In this case, the reports included banging on doors and windows, criminal damage, urination through letter  ...  view the full minutes text for item 15.