Notice of consultation

Notice is hereby given that Brighton & Hove City Council (“the City Council”) proposes to make the above-mentioned Public Space Protection Order under Sections 59, 64 and 72 of the Antisocial Behaviour, Crime and Policing Act 2014.

The order will allow the erection of gates restricting the public right of way over the highway known as Nelson Row which links Kingswood Street with Morley Street and runs through the Kingswood and Milner housing estate.

This Order shall authorise that entry to the Restricted Area (marked green on the attached plan) is restricted by the erection of gates at both ends of the Restricted Area. The gates shall include a vehicle entry which shall be locked at all times except as required for service or emergency access and a pedestrian entry which shall remain unlocked. The restriction will not affect the occupiers of properties adjoining the affected area, as Nelson Row forms the rear entrance to their properties and pedestrian access to the restricted area will be afforded via the unlocked gate. 

The effect of the order will be to restrict the passage of through traffic including motorcycles and to provide protection for residents by reducing the use of the area by antisocial or disorderly individuals and groups and forming a barrier between the estate walkways and Kingswood Street offering protection to children from road danger, whilst retaining pedestrian access through the restricted area and to properties within it. 

Alternative access for vehicles including motorcycles will be via the carpark entrance at Morley Street. 

 As the restricted area – as well as forming public highway – is a part of the estate grounds, all areas will continue to be managed by Brighton & Hove City Council Housing as at present. 

A copy of the notice, draft order and map may be inspected and obtained free of charge at City Direct situated at: Bartholomew House, Bartholomew Square, Brighton and Hove Town Hall, Ground Floor, Norton Road, Hove between 9am to 4.30pm, Monday to Friday, or can be viewed on the City Councils website.

Any written representations or objections to the draft order should be sent to: Simon Bannister, Brighton & Hove City Council, Community Engagement Team, 2nd Floor, Bartholomew House, Bartholomew Square BN1 1JP or by e-mail to simon.bannister@brighton-hove.gov.uk no later than Thursday August 31 2023. Please state the grounds on which they are made.

Date: 20 July 2023

 

Rachel Sharpe

Executive Director  Housing, Neighbourhoods and Communities

Brighton & Hove City Council

Hove Town Hall

Norton Road

Hove

BN3 3BQ

Proposed Public Spaces Protection Order (PSPO)

Brighton & Hove City Council in exercise of its powers under sections Section 59, 64 and 72 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the Act") hereby makes the following Order:

1. This Order shall come into operation on xx xxxxxxxxxxx xxxx and shall have effect until XXXXXXXXX  unless extended before that date under the council's statutory powers.

2. This Order relates to that part of the public highway known as Nelson Row as is shown coloured green on the attached plan (“the Restricted Area”). This forms the rear access to residential flats in the Milner block and access to the Puffin Community Nursery and Millwood Community Centre.

3. This Order authorises that entry to the Restricted Area (“the Restricted Area”) is restricted by the erection of gates at both ends of the Restricted Area (“the Gates”). The gates shall include a vehicle entry which shall be locked at all times except as required for service or emergency access and a pedestrian entry which shall remain unlocked.

4. The effect of the order will be to restrict the passage of through traffic including motorcycles and to provide protection for residents by reducing the use of the area by antisocial or disorderly individuals and groups and forming a barrier between the estate walkways and Kingswood Street offering protection to children from road danger, whilst retaining pedestrian access through the restricted area and to properties within it.

5. The alternative route for vehicles including motorcycles will be via the carpark entrance on Morley Street. 

6. Locking and unlocking the Gates to facilitate emergency or service vehicle access will be carried out by key-holding residents of the Restricted Area or staff from the Puffin Nursery. The vehicle gates will be locked with a standard Brighton & Hove City Council key which service staff and emergency services will be able to access as required.

7. As the restricted area – as well as forming public highway – is a part of the estate grounds, all areas will continue to be managed by Brighton & Hove City Council Housing as at present.

8. The council is satisfied that the conditions set out in Sections 59, 64 and 72 of the Act have been satisfied and that it is in all the circumstances expedient to make this Order for the purposes of reducing crime and antisocial behaviour in and around the Restricted Area. The council makes the Order because criminal and antisocial behaviour in and around the Restricted Area has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is of a persistent or continuing nature such as to make this unreasonable and justifies the restrictions imposed by this Order.

8. If any interested person desires to question the validity of this Order on the grounds that the council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within 6 weeks from the date on which this Order is made.

 

Made under the Common Seal of  

Brighton & Hove City Council 

this …  day of ……………….. 2023 

The Common Seal of  

Brighton & Hove City Council was affixed  

to this Order in the presence of  

 

…………………………………………………… 

Authorised Officer 

 

Location

The map below shows the area for the proposed Nelson Row Public Spaces Protection Order. 

Proposed design of gate over the highway at Nelson Row