The Executive Director for Sustainable City has submitted a report which outlines the outcome of the consultation regarding the proposal to make a Public Spaces Protection Order in respect of the waterways of Oxford and make recommendations as to the way forward.

Recommendations: That the City Executive Board resolves to:

1.    Not progress the proposal for a Public Spaces Protection Order for the generality of the waterways of Oxford;

2.    Commission officers to develop localised solutions to public safety concerns for four identified priority areas;

3.    Commission officers to further develop policy proposals that will address public safety and antisocial behaviour problems and improve public enjoyment of the city’s waterways resources.

The Executive Director for Sustainable City submitted a report which outlined the outcome of the consultation regarding the proposal to make a Public Spaces Protection Order in respect of the waterways of Oxford and make recommendations as to the way forward.

Cllr Sinclair, Board member for Community Safety presented the report. She said that after consulting with the public the Council had decided not to pursue a full waterways PSPO but would look at alternative solutions to deal with the problems faced on the waterways. She said to Cllr Landell-Mills that his waste disposal idea would be considered.

The Community Safety Service Manager said that the Folly Bridge to the ring road section of the Thames would take significant partnership work to improve the anti-social behaviour issues faced on that stretch of river.

He outlined the progress made in the other areas listed in the report.

·         Aristotle Lane - the river trust are involved and the anti-social behaviour issues are being reviewed on a case by case basis.

·         Castle Mill – the land ownership issue is being looked into; and

·         Aston’s Eyot - work is progressing

Cllr Gant, Chair of the Scrutiny Committee presented the report and the recommendations were accepted.

Cllr Price asked about the timescale to take this project forward. The Executive Director for Sustainable City said that a project manager would progress the project. It is probably 18 months’ worth of work.

The City Executive Board resolved to:

1.    Not progress the proposal for a Public Spaces Protection Order for the generality of the waterways of Oxford;

2.    Commission officers to develop localised solutions to public safety concerns for four identified priority areas;

3.    Commission officers to further develop policy proposals that will address public safety and anti-social behaviour problems and improve public enjoyment of the city’s waterways resources.

Cllr Wade, Councillor for St Margaret’s ward addressed the committee. She felt the solutions suggested for the Aristotle Rd mooring were not needed.

·         Pollution levels are negligible and need to be independently verified before considered a nuisance.

·         Complaints about boats overstaying the 48 hour time period came from a few residents who complain numerous times.

Councillor Dee Sinclair, Board Member for Community Safety presented the report. She outlined the background of the report, and explained that after the preliminary consultation had decided not to progress the plan for a full waterway PSPO.

The Community Safety Service Manager said the waterways were an asset to be protected and officers had identified 4 problem areas that required bespoke solutions.

The Committee discussed the following:

They welcomed the excellent example of engagement that had taken place, the proposed review of the waterways as a whole, the carefully prepared Equalities Impact Assessment and the narrowing of focus since the previous report a year ago, which had proposed a PSPO for the entirety of the Oxford waterways (and was not supported by a majority of the Committee at the time).

They considered the feedback provided by different groups in the preliminary consultation.  Members heard that land owners had tended to support the original waterways PSPO proposal, boaters had not supported it and businesses had asked for specific issues to be tackled, such as drug use and paraphernalia.  The Community Safety Service Manager said that the engagement had been high quality and provided assurance that the level of response had been very good for an engagement exercise of this nature.

They raised concerns that a PSPO was listed as an intervention option on the Folly Bridge to Iffley Lock stretch of the River Thames, given that this was a big stretch of river.  The Committee also raised concerns about issues such as sewage dumping in this stretch of river, which was popular with rowers and tourists.  The Community Safety Service Manager advised that PSPOs could be suitable in particular hotspots.  No decisions had been taken yet on which intervention options would be utilised and there would be a process to go through.

They questioned what powers the Council had to enter and inspect boats when concerns about sanitation and safety had been identified.  The Community Safety Service Manager explained that gaining the right of entry was difficult but that the Private Sector Safety Team had some limited powers that had been used at Castle Mill Stream. 

They sought assurances that strong partnerships were in place to support potentially vulnerable people living on the Oxford waterways and that clear pathways were in place with clear responsibilities that worked seamlessly in practice.  The Community Safety Service Manager advised that pathways were in place but that the crucial issue was one of effective engagement with particular individuals living in squalor on the waterways who had complex needs and chaotic lifestyles.  Triage was used in high demand cases and there had been a small number of positive interventions.

They considered  ...  view the full minutes text for item 104

The Executive Director, Community Services has submitted a report which proposes consultation on a Public Spaces Protection Order for the principle waterways of Oxford

Recommendations: That the City Executive Board resolves to:

1.    Approve consultation on a Public Spaces Protection Order for the principle waterways of Oxford.

The Executive Director, Community Services submitted a report which detailed proposals for consultation on a Public Spaces Protection Order for the principle waterways of Oxford.

The Executive Board Member, Crime, Community Safety and Licensing presented the report. She stressed that the focus of the draft Public Spaces Protection Order was on public spaces and not private property and that it was about enforcement at the lowest level to tackle unreasonable and anti-social behaviour. She thanked the public and the Scrutiny Committee for their comments.

The Chair of the Scrutiny Committee presented the scrutiny report and recommendation on this issue.  He explained that, following a lengthy debate, the majority of the Scrutiny Committee members had concluded that there was a reputational risk to the Council in proceeding with consultation as there had been insufficient involvement of key organisations at an early stage and the draft PSPO and supporting documentation needed revision.

The Chair of the City Executive Board thanked the Scrutiny Committee for its helpful contribution. He said that in response to the Scrutiny Committee’s recommendation it was proposed that firstly, the Council’s Public Involvement Board should consider all the points raised by Scrutiny and provide professional advice on the details of the proposed consultation process, and specifically, that it will ensure effective engagement with all interested parties, including but not limited to UMBEG (Unlawfully Moored Boat Enforcement Group) and NBTA (National Bargee Travellers Association) prior to commencement of the public consultation process. Secondly that the Head of Law and Governance, and other relevant officers, should review the current drafting of the Order before it is published for consultation and agree an amended form with the Executive Board Member before it is used in that process.

The Board noted that the Head of Law and Governance had already reviewed the current drafting of the Order and proposed the following amendments to the draft Order:

1.    That the draft prohibition at (d) be amended to read ‘No person shall create smoke, noise or fumes in such a manner as to give reasonable grounds for annoyance to any person.’

2. That the draft prohibition at (e) be amended to read ‘No person shall damage waterways habitats, signage, lifebelts, fencing or other waterways infrastructure.’

The City Executive Board resolved to:

1.            Approve consultation on the draft Public Spaces Protection Order for the principle waterways of Oxford, as amended by the Head of Law and Governance and subject to the following conditions:

a)            that the Council’s Public Involvement Board should consider all the points raised by Scrutiny and provide professional advice on the details of the proposed consultation process, and specifically, that it will ensure effective engagement with all interested parties, including but not limited to UMBEG (Unlawfully Moored Boat Enforcement Group) and NBTA (National Bargee Travellers Association) prior to commencement of the public consultation process.

Councillor Brown joined the meeting during the discussion of this item and prior to the recommendation being agreed.

Contact Officer: Richard Adams, Community Safety Service Manager,

Tel 01865 252283, rjadams@oxford.gov.uk

The Chair welcomed the members of the public to the meeting and set out the procedure that the meeting would follow.  He explained that the Scrutiny Committee would consider the Waterways PSPO report and if necessary make recommendations to the City Executive Board.  He stressed that the decision to proceed with consultation on the Waterways PSPO was a matter for the City Executive Board.

Councillor Sinclair, Executive Board Member, Crime, Community Safety and Licensing and the Community Response Team Supervisor presented the report. They said that the draft PSPO was intended to promote appropriate behaviours on the City waterways and to improve the overall environment for the boating community, residents and all visitors and users of the river and riverbanks.

The Committee heard addresses from Councillor David Thomas and from the following members of the public:

·         Dr Alex J Wood – representing members of the boating community

·         Mr Edward Surridge – member of the boating community

·         Sharyn Hyde – member of the boating community

·         Julian LeVay – representing residents of Abbey Road

·         John Ody – member of the boating community

Copies of the public addresses (where available) and additional written submissions to the Committee are published in a supplement to these minutes.

The Committee recognised that there are a number of issues affecting Oxford waterways and its users that should be addressed. 

The Committee identified a number of concerns about the proposed consultation, including but not limited to:

• The need for early engagement with key stakeholders, such as multiple landowners in order to seek their views prior to a public consultation
• Whether some issues could be resolved if a more collaborative approach was taken to addressing these with interested parties such as UMBEG (Unlawfully Moored Boat Enforcement Group) and NBTA (National Bargee Travellers Association)
• The need to provide more context and explanation as to why a PSPO is being considered and what difference it could make, including a preamble to the consultation
• The need for robust plans and sufficient time to identify and engage with people who may be affected by the proposed PSPO, including land owners and some business owners, and for officers to hand-deliver consultation letters to people who may move in and out of accommodation on the waterways and in and out of the city 
• The need to allow sufficient time after the consultation to reflect on responses received

The Committee also expressed reservations about the robustness of the evidence presented in Appendix 1.  These included concerns about the following:

·        The age and relevance of some of the instances presented

·        The rationale and justification for the proposed boundaries.  For example, a lack of evidence to justify including some specific Oxford waterways, such as the river Cherwell, in the proposed restricted area

The Committee also felt that the wording of the draft PSPO should be reviewed, in particularbut not limited to:

• That the wording of part c) ‘no person shall store items…or erect structures’ had significant implications for the homeless population
• That the wording of part d)  ...  view the full minutes text for item 101