Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
The Cabinet gave consideration to a report of the Community Safety Manager which informed them that, following a significant amount of fires upon the moorlands in Saddleworth and Tameside over the last two years, both Councils had begun consultation exercises (commenced on 8th July 2019) as the first stage of the legal process to consider the making of Public Spaces Protection Orders (PSPO), pursuant to s59 of the Anti-Social Behaviour Crime and Policing Act 2014. Such Orders would enable the introduction of
behaviour controls on the moorlands (FIRE RELATED ACTIVITIES) and prevent the significant impact of wildfires upon the community and services.
The Cabinet noted that, under the legislation, each local authority must make its own PSPO however, should the Orders be made, it was intended that they would come into force on the same date and contain identical terms, to
avoid confusion along the contiguous geographical border.
In order to ensure that the commencement of the Order could be effected on the same date as the Tameside PSPO, the Cabinet was asked to consider delegating the authority to make the Order, subject to there being no significant objections at the end of the consultation period.
· Option 1 - To give delegated approval to the Portfolio Lead and Deputy Chief Executive/Director to make a Public Spaces Protection Order pursuant to s59 of the Anti-Social Behaviour Crime and Policing Act 2014, following completion of the consultation exercise, in the absence of any significant objection(s). Should significant objection(s) be received then the decision making will be retained by the Cabinet.
· Option 2 - To bring all decision making on the making of a Public Spaces Protection Order to control moorland fires to the Cabinet.
RESOLVED that, subject to there being no significant objections at the end of the consultation period, delegation be given to the Portfolio Lead for Social Justice and Communities and the Deputy Chief Executive, to make a Public Spaces Protection Order, pursuant to s59 of the Anti-Social Behaviour Crime and Policing Act 2014.
Publication date: 23/07/2019
Date of decision: 22/07/2019
Decided at meeting: 22/07/2019 - Cabinet
Effective from: 31/07/2019