Public Space Protection Orders
Public Space Protection Orders (PSPOs) were brought in under the Anti-social Behaviour, Crime and Policing Act 2014, which came into force on 20 October 2014. PSPOs specify an area where activities are taking place that are or may likely be detrimental to the local community’s quality of life.
PSPOs impose conditions or restrictions on people using that area, such as alcohol bans or putting up gates. The council can make a PSPO if it believes the activities are detrimental to the local community’s life and that the negative impact is so much to make the restrictions reasonable. Breach of a PSPO may be a criminal offence punishable by fixed penalty notice or prosecution. PSPOs replace Gating Orders under section 129A of the Highways Act 1980.
Fillongley Public Spaces Protection Order 2017 Review 2021
The Council is reviewing the Fillongley Public Spaces Protection Order 2017 which restricted the public right of way over highway in Didgley Lane and Bun Lane Fillongley.
The order was subject to a variation in 2018. The variation to the order is shown on the website link below:
The locations of the restriction are shown on the map below. The Council can authorise an order using powers under the Anti-Social Behaviour, Crime and Policing Act 2014.
The order is required due to the risk of and impact of fly tipping that is occurring within the locality of Fillongley. The table below shows the incidents recorded within Fillongley Parish.
During 2020 there have been increases of fly tipping across the borough which has been influenced by the COVID 19 pandemic and the associated restrictions to personal and business activities. Prior to the introduction of the order Didgley Lane and Bun Lane were identified as hot spot locations for the fly tipping. The fly tipping damaged the local environment and impacted on the rightful access and use of the lanes by residents. Since the introduction of the order there has been two incidents near to the vicinity of both lanes.
Who Can Make A Public Spaces Protection Order?
Local authorities can make a public spaces protection order if satisfied on reasonable grounds that:
A, activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
B, it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
What is being proposed?
The Council is proposing to continue with the PSPO that restricts the public right of way over Bun Lane and Didgley Lane Fillongley. This is because the order has reduced fly tipping in Didgley Lane and Bun Lane. In doing so the Council will consider a number of factors. These include considering the likely effect of making the order on occupiers of premises adjoining or adjacent to the highway, the likely effect of the order on other persons in the locality and the availability of a reasonably convenient alternative route.
The Council has authorised the installation, operation and maintenance of barriers for enforcing the restriction.
What will this involve?
The order will prevent vehicular access to the lanes except for occupiers of adjacent
premises and land and the exemptions listed in Article 5 of the order. Arrangements will be made to facilitate this access.
What are the Offences Relating to a Public Spaces Protection Order?
It is an offence for a person without reasonable excuse to do anything that is prohibited by a public spaces protection order, or to fail to comply with a requirement of that public spaces protection order.
A person guilty of an offence under the order is liable on summary conviction to a fine not exceeding level 3 on the standard scale, which is currently £1000.00.
Fixed Penalty Notices
A constable or an authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under the public spaces protection order. A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the local authority specified in the notice.
An online survey is available if you would like to provide your views and comments on the review. The closing date for responses is 11 June 2021.
Current Public Space Protection Orders
Coleshill Town Centre
The personal information collected from the consultation survey will only be used for the purposes of processing related to the review.
For more information about the Council’s data processing and privacy statement please the website link shown below:
Last updated Thursday, 29th April 2021