Issue - meetings

1.    To receive a report from the Environment & Enforcement Manager and the Head of People, Governance & Waste proposing that the Policy Development Group consider recommending to Cabinet that it authorises commencement of statutory procedures (including consultation) to vary by order the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 and to delegate authority to decide whether to make the order of variation after consultation has taken place.

The Group had before it a report * from the Environment & Enforcement Manager and the Head of People, Governance and Waste recommending the commencement of statutory procedures (including consultation) to vary by order the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 and to delegate authority to decide whether to make the order of variation after consultation has taken place.

A formal request had been received from a Parish Council for this variation. This had been supported by the local Ward Member.

RECOMMENDED to the Cabinet that it makes the following resolutions:

a)    On being satisfied that the statutory grounds for varying the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 (“the Dog Control PSPO ”) are met, as detailed in the report, to allow officers to commence statutory consultation for the following:

b)    To vary the Dog Control PSPO by including the prohibition that dogs are excluded from the area known as the recreation ground Silverton (as shown on the plan at Appendix 1). Delegated Authority to be granted to the Director of Legal, HR & Governance (Monitoring Officer) to draft the necessary order varying the Dog Control PSPO that can then go out to consultation.

c)    The Cabinet consider granting delegated authority to the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement etc. to:

•                 consider the responses to the necessary consultation, publicity and notification 

•                 decide whether to refer the matter back to Cabinet for a decision or to  decide in the light of the responses received whether to make the Variation Order and to authorise the Director of Legal, HR and Governance (Monitoring Officer) to seal the order

•                 authorise, if it was considered appropriate, the Director of Legal, HR and Governance (Monitoring Officer) to make any minor amendments  to the draft of the variation order prior to sealing the variation order

d)    That a general delegation be made to the Cabinet Member for Service Delivery and Continuous Improvement to decide any further future variations to the Dog Control PSPO proposed by the Operations Manager for Street Scene and Open Spaces following the necessary statutory  consultation, publicity and notification requirements for future PSPOs. 

e)    Delegation to be given to the Director of Legal, HR and Governance (Monitoring Officer) to make orders of variation, following decisions  from the Cabinet Member for Service Delivery and Continuous Improvement.

(Proposed by Cllr L Knight and seconded by Cllr C Harrower)

Reason for the decision

The Dog Control PSPO is designed to curb anti-social behaviour arising from irresponsible control of dogs and dog fouling.

Note: * Report previously circulated.