THE HOME OFFICE
Introduction |
|
| 1. |
1.
The Open Spaces Society, founded in 1865, is Britain’s oldest national
conservation body. A registered charity, we campaign to create and conserve
common land, village greens, open spaces and rights of public access, in
town and country, in England and Wales. We have 2,470 members consisting of
individuals, organisations and local authorities. |
| 2. |
1.
We appreciate the opportunity to comment on the draft regulations especially
since section 2 of the Clean Neighbourhoods and Environment Act 2005 causes
us considerable concern. |
|
Interpretation |
|
| 3. |
1.
Regulation 2.
It is essential that these provisions are restricted to urban highways, in
accordance with assurances given by ministers as the Bill went through
parliament. The Act itself is not restricted to urban areas but in order to
give effect to the response from ministers it is necessary to restrict these
provisions. |
| 4. |
We therefore propose that the regulations should prescribe the exemption of
any highway which is not in an urban area, or all or part of which crosses
agricultural land – or other definition which restricts the meaning to urban
areas. |
|
Publicity relating to a proposal for the making of a
gating order |
|
| 5. |
1.
Regulation 3
should require the identification of an alternative route or routes which
the public can use in the event of a gating order. |
| 6. |
It should also require the council to give full justification, with
evidence, of the alleged need for the gating order. |
| 7. |
1.
Regulation 3(b)
should require the signs to be erected at each end of the highway. Therefore
add the words ‘at each end of’ after ‘adjacent’. This follows normal
practice under the Highways Act 1980. |
| 8. |
Regulation 4.
The notice must also be served on those organisations prescribed to be
notified of public path and definitive map orders under the Highways Act
1980, the Town and Country Planning Act 1990 and Wildlife and Countryside
Act 1981 (see Public Path Orders Regulations 1993 statutory instrument 1993
no 11). In addition, the Pedestrians’ Association (Living Streets) and any
local user group should be notified. |
| 9. |
Regulation 4(b)
should include parish and town councils if it does not already do so. |
|
Public inquiries relating to the matter of a gating
order |
|
| 10. |
Regulation 6.
The council shall cause a public inquiry to be held if an objection is
received from another local authority. |
| 11. |
1.
In addition, if any of the objectors require a public inquiry to be held, an
inquiry shall be held as is the case now for orders under the Highways Act
1980, Town and Country Planning Act 1990 and Wildlife and Countryside Act
1981. |
|
Form and content of gating orders |
|
| 12. |
A gating order must also contain details of the alternative route or routes
which a member of the public can use. |
|
Publicity relating to the variation and revocation of
gating orders |
|
| 13. |
1.
Regulation 9(b)
should require the signs to be erected at each end of the highway. Therefore
add the words ‘at each end of’ after ‘adjacent’. This follows normal
practice under the Highways Act 1980. |
| 14. |
Regulation 10. The notice must also be served on those
organisations prescribed to be notified of public path and definitive map
orders under the Highways Act 1980, the Town and Country Planning Act 1990
and Wildlife and Countryside Act 1981 (see Public Path Orders Regulations
1993 statutory instrument 1993 no 11). In addition, the Pedestrians’
Association (Living Streets) and any local user group should be notified. |
| 15. |
1.
Regulation 10(b)
should include parish and town councils if it does not already do so. |
|
Public inquiries relating to the variation or
revocation of a gating order |
|
| 16. |
Regulation 12. The council shall cause a public
inquiry to be held into a variation if an objection is received from another
local authority. |
| 17. |
1.
In addition, if any of the objectors to a variation request a public
inquiry, an inquiry shall be held. |
|
Procedure relating to public inquiries held under
regulations 6 or 12 |
|
| 18. |
Regulation 14(1).
The inspector should be appointed by the Planning Inspectorate, not the
council, to guarantee impartiality and natural justice. |
| 19. |
1.
Regulation 13(3)(c)
line 4 ‘may’ should be amended to ‘will’. |
| 20. |
Notices shall be displayed at each end of the route affected by the gating
order. |
| 21. |
1.
Regulation 16.
There is no provision for the council to decide not to make the order
following a public inquiry. Perhaps this is assumed to be the case, but it
ought to be specified. |
| 22. |
The inspector’s decision must be communicated to all the
parties and notice of it must be published in at least one local newspaper. |
| 23. |
1.
Regulation 17.
A copy of the gating order shall be displayed at each end of the path for as
long as the gating order remains in force. This is so that the public knows
the gate is lawful and does not treat it as an illegal obstruction. |
|
Further points |
|
| 24. |
We are concerned that it is not clear who takes the decision
to make a gating order after a public inquiry. Is it the inspector or the
Secretary of State? The inspector is appointed by the council, what
guarantees are there of impartiality? |
| 25. |
1. All gating orders shall be subject to a biennial review and shall be revoked if the criteria for their introduction are no longer met and satisfied. |
|
|
Kate Ashbrook |