Agenda item

This report requests seeks agreement to variation of the Public Spaces Protection Order (PSPO) for the restriction for dogs for the remaining period of the current PSPO i.e. until 31^st March 2028.

Recommendation

That approval is granted to vary the current PSPO relating to dog control for the remainder of the current PSPO.

The Associate Director for Environment presented a report which sought agreement to a variation of the Public Spaces Protection Order (PSPO) with restrictions for dogs for the remaining period of the current PSPO (i.e. until 31 March 2028).

Following a statutory consultation, and in response to other engagement exercises with members of the public, it was proposed to change the existing PSPO in relation to: grazing areas covered by the Order; an extension of the dogs on lead requirement at the Aquadrome; the introduction of a dogs on lead requirement in the area around the café at Leavesden Country Park; and the introduction of a dogs on leads requirement on land adjacent to the highway district-wide.

A local resident spoke against the proposal.

In response to the points raised by the speaker, the Associate Director for Environment confirmed that all statutory requirements for the consultation had been met.  In addition to consultation with statutory consultees, the consultation had been promoted through the Council’s usual media channels, reaching over 8500 followers on Facebook, just under 8000 followers on X, and just over 2000 followers on Instagram.  It also went out by direct email to all residents who were registered to receive email updates from the Council (over 1500 residents), with a 58% rate of opening.  There had also been face to face engagement at the Aquadrome.  The online platform was just one of a number of ways in which the public had been engaged with.

Additionally, it was not unusual to receive a relatively low response rate to legal order consultations.  It was generally only those who were opposed to the proposal who would respond.

The Associate Director for Environment reported that the proposals for the Aquadrome had been developed as a result of public engagement feedback during the development of the Aquadrome Management Plan in 2022; feedback received as part of the National Heritage Project; and also as a result of the receipt by officers of direct complaints from members of the public relating to incidents of dogs being out of control, causing a nuisance, or attacking wildlife at the Aquadrome.  There was also a need to balance the wider needs of the Aquadrome: a designated nature reserve with protected landscapes and ecosystems and with nationally important species of wildlife requiring protection.  There were also risks associated with the unearthing of asbestos at the site by dogs, which would then require remediation.   The PSPO was not seeking to ban dogs from the Aquadrome, but to require owners to act responsibly, keep their dogs on a lead and stick to the path.  A number of other local areas were available where dog owners were able to safely and legally exercise their dogs off lead.

In debate some Committee Members echoed the views of the public speaker in relation to the low consultation response rate and the extent to which it reflected public opinion, commenting that it was already an offence within the current PSPO for dogs to be out of control and there was therefore no need to extend the Order.    Additionally, the level of Fixed Penalty Notices issued did not represent a real deterrent.

Other Committee Members considered that the proposal represented a fair balance for the wider needs of the site, and for the other users who had requested the restriction.

Councillor Lloyd moved, and Councillor Gazzard seconded, approval of the variations to the current PSPO relating to dog control throughout the District for the remainder of the current PSPO until 31 March 2028, as maintaining the current powers and adding the variations relating to dog control would ensure that there were deterrents and penalties in place for those who failed to behave responsibly.  It would aid in balancing the needs of dog owners with the needs of other members of the community, as well as the needs of natural species and ecosystems, and dealing with anti-social behaviour.

Councillor Cooper moved, and Councillor Alley seconded, an amendment to remove the area not around the café in the Aquadrome from the draft PSPO.

A recorded vote was requested.

On being put to the vote the amendment fell, the voting being 3 for (Councillors Cooper, Alley and Campbell) and 6 against (Councillors King, Raeburn, Rainbow, Sian, Gazzard and Lloyd).

On being out to the vote the substantive motion was carried, the voting being 6 for (Councillors King, Raeburn, Rainbow, Sian, Gazzard and Lloyd) and 3 against (Councillors Cooper, Alley and Campbell).

RESOLVED:

That the variations to the current PSPO relating to dog control throughout the District for the remainder of the current PSPO until 31 March 2028 be approved.