The usual reason for alley gating is to prevent or reduce the incidence of crimes, particularly anti-social behaviour. Typically it is the positioning of steel lockable gates at either end of alleyways and passages that are the responsibility of the owners who live on them.
The advantages of alley gating include:-
- Reduce the level of burglaries
- Reduced opportunities for youths to cause annoyance
- Fewer problems of dog fouling by stray dogs
- Safe play areas for children
- Improved community spirit and sense of ownership of the alley
There are however some issues that you need to consider:-
- Future maintenance of the gates
- Future maintenance of the passageway
- The use of the passageway by yourselves; what you will and will not permit
- The management of wheelie bins on refuse collection days and whether all residents will be able to move their wheelie bins to the collection point
- The Highway status of the passageway or alley
- Access for Emergency Services
Residents wishing to progress an alley gating proposal should note that there are costs associated with the acquiring of planning permission, any public inquiry held into the proposal, the manufacture and erection of the gates and fencing and the future maintenance of the gates and fencing.
In order to help residents who wish to progress a scheme on alley gating the Council has produced a list highlighting all the steps necessary to follow in order to close a passageway or alley.
Liaise with neighbours and contact the Local Authority:
- Try to get support for the idea.
- Check Highway status by contacting Customer Services.
Organise Steering Committee to deal with the gates:
- Elect a spokesperson.
- You will need a management committee for the space.
- Consider costs of buying and maintaining gates. Are all residents prepared to contribute?
- Future use of space.
Formally consult neighbours with a letter to ensure majority support:
- Get everybody to agree in writing.
Contact the Local Authority for advice on highway status and planning issues:
Submit planning application, if required:
- Apply for Planning Permission to erect gates and change status of highway.
Apply for highway closure on receipt of planning approval:
- Once planning permission achieved, apply for highway closure order (This can take up to 12 months if any objections to the proposal are received).
Receive closure order:
- A copy of the confirmation order will be sent to the spokesperson.
Buy and erect gates:
- Order gates and get erected. The Local Authority can advise if requested.
Frequently asked questions
Why do I need planning permission to erect gates?
Any fence or gate higher than 1m adjacent to a highway or 2m in front requires planning permission. Frequently these gates are 2.1 to 2.4m high.
How long does it take to get planning permission?
A minimum of 4 weeks but could take up to 12 weeks and may not be granted. If planning permission is not granted then there is a right of appeal to the Planning Inspectorate.
Who will maintain the gates and passageway?
The responsibility for the maintenance of the gates and passageway will be with the steering committee.
Why do we need to form a steering committee?
There are many reasons but the main ones are to agree what you will allow on the enclosed space, the collection of monies to initially buy and erect the gates and then maintain them.
Why do we need a highway closure order?
In some cases you may not however, if the passage has had unobstructed use for 20 years or more it could be claimed as a right of way. To close off a right of way, a highway closure order is required. Dependant upon the circumstances you will be advised accordingly.
Why does it take so long to progress a highway closure order?
The minimum time scale is approximately 4 months however, if objections to the proposal are received it may be that a Public Inquiry is held into the proposal and in that case, the minimum time scale is 12 months.
Will the Authority contribute to the costs of supplying and erecting the gate?
A: Currently there are no budgets within the Council that would contribute to this.
Q: Who would have the right to use the passageway/alley?
Each resident affected will have a key for the gate so all residents would have a right to use it. There may be other rights by licence agreements ie statutory undertakers (gas, water, electric, BT) may need access to their plant and equipment.
Who will maintain the alleyway/passageway on completion?
The residents will be responsible for the maintenance of the passageway/alleyway surface, drainage and any cleansing necessary, for example, sweeping, weed removal.
Who is responsible if I am a tenant?
Before embarking on any proposed alley gating scheme you will need to liaise with and get the support of your landlord.
For any further advice please contact Customer Services with the details of the alley that you wish to close and an officer will get back to you to discuss the issues with you.
Customer Services
Lester House
21 Broad Street
Bury
BL9 0AW
Phone: 0161 253 5353
Fax: 0161 253 5851
E-mail: customerserviceseds@bury.gov.uk
