Agenda item

To receive a report from the Environment and Enforcement Manager on Public Spaces Protection (Dog Control) Order.

Cabinet 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 Environment and Enforcement Manager outlined the contents of the report 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.

Discussion took place regarding:

·         The response percentages from the Town and Parishes.

RESOLVED that:

Cabinet APPROVED as recommendation by the Service Delivery and Continuous Improvement PDG:

1.    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:

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

b)    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 are 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 are not allowed and replacing it with a plan of a new Play Area at the said Amory Park to be subject to the prohibition of no dogs allowed (a plan of the new Play Area is shown at Appendix 4).

2.    Delegated Authority 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.

3.    In the event that there are 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 Service Delivery and Continuous Improvement, 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.

4.    In the event that the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for the Service Delivery and Continuous Improvement, determine that objections by the owners of any land which is 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) has been upheld.

(Proposed by the Leader of the Council)

Note: * Report previously circulated.