DRAFT ORDER

BRIGHTON AND HOVE CITY COUNCIL (Pool Passage) PUBLIC

SPACES PROTECTION ORDER 2022  

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

1. This Order shall come into operation on on xxxxxxxxxx  and shall have effect for a period of 3 years thereafter, unless extended by further orders under the Council's statutory powers.

2. This Order relates to the footpath known as Pool Passage which runs from Pool Valley to Old Steine as shown on the attached Plan 

3. The effect of this Order is to restrict the public right of way over the highway at the junction of Pool Passage and Pool valley shown on the attached plan (a) at all times except for owners or occupiers of property adjoining the highway affected by this order needing to access the property. This order does not affect the entry to Pool Passage at Old Steine.

This Order authorises the installation of a lockable gate at the junction of the affected highway with Pool Valley, as shown on the attached plan

4. The alternative route for those needing to access Pool Passage is via its norther entry at Old Steine.

5. Responsibility for the maintenance of the gate will lie with the residents and businesses within the affected area and will be governed by a management agreement which will be put in place before this order is enacted.

6. 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 affected area. The Council makes the Order because criminal and antisocial behaviour in and around the affected 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. lf 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 six weeks from the date on which this Order is made.

Plan A – Site plan and gate location