Agenda item

To receive a report setting out the key findings from the consultation on a Public Spaces Protection Order (PSPO) for the Mid Devon area which ran from 12 May 2020 to 17 July 2020, to update the Environment PDG (and the Cabinet) on the feedback received from the PSPO public consultation and to seek approval on a Revised PSPO to be made in response to the consultation.

The Group had before it a report of the Environment and Enforcement Manager regarding  the *Public Spaces Protection Order (PSPO) – Dogs.

The officer explained that the report gave an overview of the public consultation responses. She further explained that although additional area’s of public space had been proposed by the public and parish councils that it was not possible to add these area’s to the current PSPO. In response to questions asked by the public she confirmed that the Council had removed the area suggested by Willand Parish Council but were unable to add in the additional area’s suggested by the public until a further public consultation had taken place on them.

The Legal Services Team Leader explained to Members that area’s could be removed from the PSPO but could not be added without going out for further public consultation. She explained that legislation required new and additional area’s subsequently added to the PSPO were required to go out for further public consultation. She explained the alternative measures which were available to the Council:

a)    The PSPO could be sealed with the existing areas in place and new area’s could then be added by way of a variation once a public consultation had taken place on them: or

b)    A second PSPO could be added to include the additional areas once a public consultation had taken place on them: or

c)    The PSPO was not sealed now and deferred to allow for amendments to be made and for additional areas to be added once a public consultation had taken place on them. This would leave the Council without a sealed PSPO for a period of time.

Members discussed the proposed PSPO presented to them and consideration was given to:

·         The views of the public who had asked questions about their responses to the consultation being ignored

·         The views of the Cabinet Members present who felt that they would be unable to support the PSPO in it’s current form

·         Members views that not having a PSPO for a period of time would not have a detrimental effect on the Council

·         The PSPO had to include the views of the public on the requirements to have dogs on leads in all public spaces and the number of dogs allowed

·         Members views that dog owners voices were not being heard

·         That public engagement was difficult to obtain and this should not be wasted by ignoring the responses

The Group discussed setting up a working group to discuss a revised PSPO with officers. The Group agreed that the Chairman and the Cabinet Member for the Environment would work with officers to bring forward a revised PSPO which considered the responses to the public consultation.

Therefore the Group RECOMMENDED that:

·         That the PSPO be redrafted to take account of the public consultation responses before it goes out for further public consultation on additional areas proposed and that the revised PSPO be bought back to Environment PDG for recommendation to the Cabinet.

(Proposed by Cllr R J Stanley and seconded by Cllr R F Radford)

Reason for the decision – To ensure that the Council’s adopted PSPO considered the views of elected Members and members of the public who had responded to the public consultation

Notes:

    i.)        Cllr B G J Warren declared a personal interest as Chairman of Willand Parish Council who had responded to the public consultation

   ii.)        *Report previously circulated and attached to the minutes