Issue - meetings

Resolved to Recommend:

(1)   the Draft Byelaw to Council as attached as Appendix A of the Cabinet report for the Parks and Open Spaces in the Borough listed in paragraph 11 of the report and further draft byelaws to be drafted for consideration and consultation to prevent the feeding of wildfowl and wild animals, and permit model powered boats where appropriate.

(2)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Portfolio Holder for Environmental, Sustainability and Regulatory Services to carry out the required impact assessment, consultation, agree the ‘scheme’ noted under paragraph 7 of the Cabinet report and submit the application to the Department of Communities and Local Government.

(3)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to determine which areas within the Parks and Open Spaces listed in paragraph 11 of the Cabinet report shall be permitted or designated for relevant activities

(4)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to authorise officers to issue fixed notices and/or commence prosecution proceedings to enforce breaches of the Byelaws.

(5)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Assistant Director (Finance and Resources) to agree fee levels for any chargeable activity permissible by the Byelaws.

(6)   the revocation of the byelaws listed in paragraph 13 of the Cabinet report.

Decision

Resolved to Recommend:

(1)   the Draft Byelaw to Council as attached as Appendix A of the Cabinet report for the Parks and Open Spaces in the Borough listed in paragraph 11 of the report and further draft byelaws to be drafted for consideration and consultation to prevent the feeding of wildfowl and wild animals, and permit model powered boats where appropriate.

(2)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Portfolio Holder for Environmental, Sustainability and Regulatory Services to carry out the required impact assessment, consultation, agree the ‘scheme’ noted under paragraph 7 of the Cabinet report and submit the application to the Department of Communities and Local Government.

(3)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to determine which areas within the Parks and Open Spaces listed in paragraph 11 of the Cabinet report shall be permitted or designated for relevant activities

(4)   authority be delegated to the Assistant Director  (Neighbourhood Delivery) to authorise officers to issue fixed notices and/or commence prosecution proceedings to enforce breaches of the Byelaws.

(5)   authority be delegated to the Assistant Director (Neighbourhood Delivery) in consultation with the Assistant Director (Finance and Resources) to agree fee levels for any chargeable activity permissible by the Byelaws.

(6)   the revocation of the byelaws listed in paragraph 13 of the Cabinet report.

Reason for Decision

To consider new byelaws for selected parks and open spaces within the Borough and detail the steps required for them to be approved by the Secretary of State.

Community Impact Assessment

A Community Impact Assessment will be carried out as part of the Scheme noted in paragraph 7 of the report.

Corporate Objectives

The Byelaws will help promote a Clean, Safe and Enjoyable Environment

Monitoring Officer/S.151 Officer Comments

Monitoring Officer

The draft byelaw, and the process by which the Council is seeking to bring it into force, is in accordance with The Byelaws (Alternative Procedure) (England) Regulations 2016 and sections 235-238 of the Local Government Act 1972 (as amended).

There must be a full assessment of the impact on those persons affected by the proposed byelaw, and the council from a regulatory perspective, before the byelaw is submitted to the Secretary of State and this should include appropriate consultation.

Deputy S151 Officer

Any costs incurred will need to be contained within existing budgets. Any additional income generated will need to be factored into the budget setting framework once it can be known with a degree of certainty.

Advice

Councillor Marshall introduced the report she explained that byelaws for the Council’s Parks & Open Spaces had been drawn up to deal with unacceptable behaviour which could damage the open space &/or spoil other users’ enjoyment and where the issue is not addressed through current legislation. 

The Byelaws are intended to be in DBC’s “back pocket”, to use when unsuitable or unreasonable behaviour does not cease despite requests to do so. The byelaws are an instrument of last resort, not first resort.

DBC has some old byelaws,  ...  view the full minutes text for item 7