Agenda item

To receive a report from the Environment and Enforcement Manager seeking an extension to the period that the Mid Devon (Public Spaces Protection)(Dog Control) Order 2021 is in force for and to seek some variation to it.

The Group had before it a report * from the Environment and Enforcement Manager and the Head of People, Performance and Waste seeking an extension to the period that the Mid Devon (Public Spaces Protection) (Dog Control) Order 2021 was in force for in addition to its variation.

The contents of the report were outlined with particular reference to the following:

·           The report reviewed the decision taken on 7 October 2021 regarding the Council’s Dog Control Public Spaces Protection Order.

·           It also took into consideration amendments requested by town and parish councils.

RECOMMENDED to the Cabinet that:

a)    On being satisfied that the statutory grounds for extending and varying the Mid Devon (Public Spaces Protection) (Dog Control) Order 2021 (“the Dog Control PSPO ”)  are met, as detailed in the Report, to allow Officers to commence statutory consultation for the following:

                                     i.          To extend the period the Dog Control PSPO was in force by a further period of three years

                                    ii.          To vary the Dog Control PSPO by:

·           Designating the Playing Area known as Jacks Acre in Cheriton Fitzpaine (as shown on the plan at Appendix 1)  as an area where dogs were not allowed;

·           Designating the Playing Field at the top of Wood Lane Morchard Bishop as an area where dogs must be on a lead (as shown on the plan at Appendix 2);

·           Removing from the Dog Control PSPO the existing plan of the Recreation Ground at Oakford as an area where dogs are not allowed and replacing it with a plan of a new Play Area at the said Recreation Ground to be subject to the prohibition of no dogs allowed (a plan of the new Play Area is shown at Appendix 3); and

·           Removing from the Dog Control PSPO the existing plan of the Play Area Amory Park Tiverton as an area where dogs were not allowed and replacing it with a plan of a new Play Area at the said Amory Park to be subjected to the prohibition of no dogs allowed (a plan of the new Play Area was shown at Appendix 4).

b)    Delegated Authority be granted to the Director of Legal, HR & Governance (Monitoring Officer) to draft the Orders extending and varying the Dog Control PSPO to go out to consultation.

c)     In the event that there were no material objections to the extension and variation as determined by the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for the Environment, to grant delegated authority to the Director of Legal, HR & Governance (Monitoring Officer) to make the Orders extending and varying the Dog Control PSPO as recommended in the Report.

d)    In the event that the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for the Environment, determine that objections by the owners of any land which was subject to the Dog Control PSPO should be up held, to then grant delegated authority to the Director of Legal, HR & Governance (Monitoring Officer) to vary the Dog Control PSPO by removing any land for which an objection(s) had been upheld.

(Proposed by the Chair)

Reason for the decision

The Dog Control PSPO was designed to curb anti-social behaviour arising from irresponsible control of dogs and dog fouling.The Dog Control PSPO would expire on the 7 October 2024 unless it was extended beforehand.

Note: * Report previously circulated.