Decision details

The Chair read a statement to the Committee in response to a number of emails and letters that had been sent to Members of the Committee attacking Members personally.

The Committee considered a report by the Environmental Protection Service Lead (circulated previously) regarding the proposed implementation of public space protection orders (PSPO) designed to address anti-social behaviour associated with irresponsible dog ownership.

The Environmental Protection Service Lead highlighted the following:

·       Over 3,000 responses had been received in response to the recent public consultation exercise designed to inform the evidence base for implementing any new PSPO.

·       Considering the number of responses received and the need for absolute transparency and robustness of the data, an external consultant was commissioned to undertake an independent analysis of the responses received.  There was majority support for the controls identified in the consultation exercise.

·       Officers have further liaised with the landowners to clarify their views for those aspects of the consultation which presented a majority opposition (the six main amenity beaches and the Tarka Trail).

·       On consideration of the data presented following the consultation, the reactive requests of service in relation into this area of work and following consultation with landowners, officers were satisfied that there was legal justification for implementing a suite of measures to enable the Council to better address anti-social behaviour associated with irresponsible dog ownership as detailed in paragraph 4.9 of the report.

·       It was recommended that recommendation 2.1 be amended to also include “section 4.10”.

In response to questions, the Environmental Protection Service Lead advised the following:

·       The proposed measures were for the whole North Devon Council area including the Tarka Trail and would enable officers to instruct people to place their dog on a lead.

·       The anti-social behaviour of cyclists could not be included within the proposed PSPO and needed to be considered separately.

·       Officers had worked with Parish Councils and land owners to include all areas of land that experienced problems with anti-social behaviour associated with irresponsible dog owners.  If there were any other areas not included, officers could review the evidence for these areas and consider recommending measures for implementation by the Committee.

·       In relation to buffer zones being put in place around High Tide Roosting, proposed measure 5 stated “issue FPNs’ of £100 to people who allow their dogs to be present within the vicinity (to be defined on a site specific basis) of land used as a High Tide Roosting Site (as identified in Appendix 3, Figure 1) between 1st October and 31st March.”  Detailed maps would be drawn up for each site to clearly identify the exact areas to which the controls refer and he would liaise with Ward Members regarding the location of signage.  

·       Officers had contacted all landowners where a consultation response had not been received.  In relation to the Tarka Trail, in response to the question “Do you support the implementation of controls which would allow the issuing of FPN’s of £100 to people who do not place their dog on a lead of 2.0m length or less when directed by a suitable delegated person/Officer?”, Devon County Council (DCC) had responded “unsure – but not probably no”.  The Council had contacted DCC on a number of occasions to clarify this response and this had been the final response received.  Legal advice had been sought from the Solicitor, who had advised that the Council could still have powers in place to address issues caused by the presence of dogs off lead on the Tarka Trail.

In response to a question, the Solicitor confirmed that in relation to proposed measure 10 he would ascertain whether assistance dogs needed to be registered with a member organisation of Assistance Dogs UK prior to the decision being taken by Council.