Issue - meetings

Designated Public Place Orders in Brandon and Newmarket and Change to Public Space Protection Orders

Meeting: 14/02/2017 - Forest Heath Cabinet (Item 283)

283 Recommendations of the Overview and Scrutiny Committee: 12 January 2017 - Public Space Protection Orders (PSPOs) - Changes to Anti-Social Behaviour Legislation pdf icon PDF 235 KB

Report No: CAB/FH/17/002

Portfolio Holders: David Bowman, Andy Drummond and Robin Millar

Chairman of the Committee: Simon Cole

Lead Officers: Damien Parker, Mark Christie and Helen Lindfield

Decision:

RESOLVED:

That, as detailed in Report No: OAS/FH/17/003:

 

1.           The Public Space Protection Orders relating to dog control across Forest Heath, be approved, subject to public consultation.

 

2.           Subject to receiving confirmation from Legal Services that this is possible under the legislation:

 

(i)          The Service Manager (Operations, Leisure and Culture), in consultation with the Portfolio Holder, informs the local Town and Parish Councils of the District Council’s proposal to introduce PSPO’s which:

 

·               Requires dog walkers to clear up after their dogs whilst in public open space in the District  (regardless of who owns the public open space)

 

·               Excludes dogs from certain specific play areas (Currently just those owned/managed by FHDC and listed in a schedule) and;

 

(ii)         Invite Town and Parish Councils (at cost) to include their play areas in the proposed PSPO schedule of sites which excludes dogs.

 

Minutes:

(Report No: CAB/FH/17/002)

 

Councillor Simon Cole, Chairman of the Overview and Scrutiny Committee, presented this report which asked the Cabinet to consider the recommendations of the Committee in relation to legislation relating to Public Space Protection Orders (PSPOs) and which also proposed changes prior to public consultation.

 

The Committee had considered the details of the PSPOs which the District proposed to adopt, subject to public consultation.    Report No: OAS/FH/17/003 set out the transition arrangements for the Newmarket and Brandon Designed Public Place Orders (DPPOs) to PSPOs; the proposed transition from Dog Fouling Order, originally adopted under the Dogs Fouling of Land Act 1996 and the Clean Neighbourhoods and Environment Act 2005 to a PSPO Dog Control Order; the adoption of Dog Control Order which excluded dogs from specific sites, as listed in Schedule 1 to this report.  The details also included consultation requirements, publication, signage, enforcement and future review periods for PSPOs.

 

The Committee had particularly discussed the proposed Orders which related to dogs and it was noted that the proposed Order relating to dog fouling included all public open space in the District, regardless of ownership, but that the proposed Dog Exclusion Orders (as set out in Schedule 1) had to be for specifically designated areas, with the land owners consent.  Some Members of the Committee considered that the Council should invite the Town/Parish Councils to include their play areas in the Dog excluded sites order.

 

The recommendations of the Overview and Scrutiny Committee were set out in Report No: CAB/FH/17/002 for the Cabinet’s consideration.

 

With the vote being unanimous, it was

 

RESOLVED:

 

That:-

 

1.           The Public Space Protection Orders relating to dog control across Forest Heath, be approved, subject to public consultation.

 

2.           Subject to receiving confirmation from Legal Services that this is possible under the legislation:

 

(i)          The Service Manager (Operations, Leisure and Culture), in consultation with the Portfolio Holder, informs the local Town and Parish Councils of the District Council’s proposal to introduce PSPO’s which:

 

·                     Requires dog walkers to clear up after their dogs whilst in public open space in the District  (regardless of who owns the public open space)

 

·                     Excludes dogs from certain specific play areas (Currently just those owned/managed by FHDC and listed in a schedule) and;

 

(ii)         Invite Town and Parish Councils (at cost) to include their play areas in the proposed PSPO schedule of sites which excludes dogs.