Agenda item

Victoria Road Gating Order – The Gating Order has now been made as a result of the continual fly tipping at this location.  It is not a through route.

Torridge Road Gating Order - This Gating Order has just been made.

JW tabled the report explaining the change in legislation that Gating Orders have been replaced with Public Spaces Protection Orders as of 20^th Oct 2014.  LAFs are no longer statutory consultee for the new Orders and the Council has to decide how best to consult, though the Home Office guidance mentions LAFs could be consulted.

Members were concerned that LAFs are no longer to be statutorily consulted and that the new legislation is ambiguous in defining what a public nuisance is which is detrimental to quality of life.  TE asked what the new process of consultation is.  JW stated that the intention is to continue with the Community Safety led Review Panel she attends and the Council also has to consider the wider impact and convenience of an alternative route if a right of way is affected.  Each PSPO can deal with several issues in one Order eg; restrict access to an area, control dogs and alcohol consumption.  A PSPO can also restrict behaviour on a particular individual and be enforced by issue of penalty notices.

WS thought the LAF needs to be kept informed of any future PSPO proposals affecting rights of way in order to object if necessary.  There was concern that no particular evidential level is set down in the new legislation for the Council to make a PSPO affecting a right of way.  The process doesn’t seem sufficiently robust and members are concerned Orders will be an easier option.

Birch Grove – Furnival Ave Flats –

A PSPO is being made for this area as the new legislation came into force before the Gating Order could be made.  The LAF was previously consulted for the Gating Order and made no objections as the gate would be open during daylight hours.

It will be important to keep alert for any new proposals for PSPO’s to see how they are being dealt with by the Council.