Clean Neighbourhoods and Environment Act 2005

Extract

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Clean Neighbourhoods and Environment Act 2005

An Act to amend section 6 of the Crime and Disorder Act 1998; to make provision for the gating of certain minor highways; to make provision in relation to vehicles parked on roads that are exposed for sale or being repaired; to make provision in relation to abandoned vehicles and the removal and disposal of vehicles; to make provision relating to litter and refuse, graffiti, fly-posting and the display of advertisements; to make provision relating to the transportation, collection, disposal and management of waste; to make provision relating to the control of dogs and to amend the law relating to stray dogs; to make provision in relation to noise; to provide for the Commission for Architecture and the Built Environment and for the making of grants relating to the quality of the built environment; to amend the law relating to abandoned shopping and luggage trolleys; to amend the law relating to statutory nuisances; to amend section 78 L of the Environmental Protection Act 1990; to amend the law relating to offences under Schedule 1 to the Pollution Prevention and Control Act 1999; and for connected purposes.

[7 th April 2005]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Crime and disorder

1 Crime and disorder reduction strategies

In section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder reduction strategies) , in subsection (2)(a) (reviews) , in each of sub-paragraphs (i) and (ii) after “crime and disorder in the area” insert “(including anti-social and other behaviour adversely affecting the local environment)”.

2 Gating orders

In the Highways Act 1980 (c. 66) , after section 129 insert—

“Part 8 ARestriction of rights over highway

129 AGating orders

(1) A council may in accordance with this Part make an order under this section in relation to any relevant highway for which they are the highway authority.

(2) An order under this section is to be known as a “gating order”.

(3) Before making a gating order in relation to a relevant highway the council must be satisfied 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 the order for the purposes of reducing crime or anti-social behaviour.

(4) The circumstances referred to in subsection (3)(c) include—

(a) the likely effect of making the order on the occupiers of premises adjoining or adjacentto the highway;

(b) the likely effect of making the order on other persons in the locality; and

(c) in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

(5) In this section “relevant highway” means a highway other than—

(a) a special road;

(b) a trunk road;

(c) a classified or principal road;

(d) a strategic road, within the meaning of sections 60 and 61 of the Traffic Management Act 2004 (strategic roads in London);

(e) a highway of such other description as the appropriate person may by regulations prescribe.

129 BEffect of gating orders

(1) A gating order restricts, to the extent specified in the order, the public right of way over the highway to which it relates.

(2) A gating order may in particular—

(a) restrict the public right of way at all times, or in respect of such times, days or periods as may be specified in the order;

(b) exclude persons of a description specified in the order from the effect of the restriction.

(3) A gating order may not be made so as to restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.

(4) A gating order may not be made so as to restrict the public right of way over a highway which is the only or principal means of access to any dwelling.

(5) In relation to a highway which is the only or principal means of access to any premises used for business or recreational purposes, a gating order may not be made so as to restrict the public right of way over the highway during periods when those premises are normally used for those purposes.

(6) A gating order may authorise the installation, operation and maintenance of a barrier or barriers for the purpose of enforcing the restriction provided for in the order.

(7) A council may install, operate and maintain any barrier authorised under subsection (6).

(8) A highway in relation to which a gating order is made shall not cease to be regarded as a highway by reason of the restriction of the public right of way under the order (or by reason of any barrier authorised under this section).

(9) In subsection (4) “dwelling” means any building or part of a building occupied, or intended to be occupied, as a separat...

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