Summary
On 12 February 2024 we made the London Borough of Merton (Gating No. 1) Public Space Protection Order 2024. This restricts access to, and gives us the power to erect alley-gates at the entrances to Public Right of Way No. 148, running between Rialto Road and Priestley Road in Mitcham.
The Order has been made for the purpose of addressing ongoing issues of anti-social behaviour and will enable us to better control and police activities in this area. The Public right of Way status of the alley has not been changed, however the Order prevents access to the general public.
Background
Ever since the construction of the estate of houses built on the former Mitcham Stadium in the mid-1950s, there has been concern about the potential for anti-social behaviour (ASB) on Public Right of Way No. 148.
There is a documented and significant problem with fly-tipping and ASB, which has been ongoing for several years. We are the owner of the majority of the land in question. This, and the PROW status, means the council is responsible for its maintenance.
On occasion in the past we have cleared the alley of large amounts of fly-tipped material and other rubbish. The fly-tipping is costly to remove and the ASB is detrimental to the quality of life for local residents.
Proposal
We explored options for addressing the ongoing problem and decided that the most appropriate course of action was to make a PSPO restricting access. The council is authorised to make a PSPO and install alley-gates under sections 59 and 64 of the Anti-social Behaviour, Crime and Policing Act 2014 (the Act).
The proposal encompasses the alleys connecting Eastfields Road, Sandy Lane and Priestley Road, which include Public Right of Way No. 148, to enable us to legally install lockable alley-gates.
As with a standard alley-gate scheme, residents and businesses maintain their right of access and are able to apply to us for a key. Residents can apply for a key by e-mailing waste.enforcement@merton,gov,uk or by telephoning us on 020 8274 4901.
The Public Space Protection Order will remain in effect for three years, be reviewed every year, and may be extended after the three-year period. We retain ownership and responsibility for maintenance, and would also administer the provision of keys.
Consultation
We first undertook a soft consultation in the summer of 2022 to gauge the opinion of local residents and businesses. This was met with a positive response. The two-stage statutory consultation required by the Anti-social Behaviour, Crime and Policing Act 2014 was undertaken during summer and autumn 2023, also meeting with a positive response and no objections.