Minute No. 213 (Agenda Item No. 15 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute 213 of the meeting of the Cabinet held on 28 July 2020, which had been called in to the Policy and Resources Scrutiny Committee, together with a report of the Executive Director (Neighbourhoods and Environment) in response to a Notice of Motion presented to the meeting of the Council on 16 July 2020, concerning no overnight camping in the Borough.

Resolved:

(1)        That the following decisions of the Cabinet be noted:

“1. That the proposed Notice of Motion and the current inability of either the Council or the police to enforce a Public Spaces Protection Order as set out in the Notice of Motion, be noted.

2. That the current process by which the Council and Essex Police approach traveller sites/the traveller community in the Borough continues to be supported.”

Note: This is an Executive function

Cabinet Member: Cllr M Terry

Report of Executive Director  (Neighbourhoods and Environment) attached

The Cabinet considered a report of Executive Director (Neighbourhoods and Environment) which had been prepared in response to the Notice of Motion, presented to the last meeting of Council, concerning no overnight camping in the Borough.

Resolved:

1. That the proposed Notice of Motion and the current inability of either the Council or the police to enforce a Public Spaces Protection Order as set out in the Notice of Motion, be noted.

2. That the current process by which the Council and Essex Police approach traveller sites/the traveller community in the Borough continues to be supported.

Other options

None

Reasons for Recommendations

Introducing a Borough wide PSPO to prohibit overnight camping (primarily aimed at the traveller community) would be extremely difficult to secure and to enforce. The PSPO process in itself is a lengthy process which involves wide stakeholder and public consultation. Furthermore, courts across the nation rarely allow, if ever, locality wide PSPO prohibitions. Locality wide PSPO’s if being considered are often rigorously challenged by various groups such as Liberty.

Note: This is an Executive Function

Eligible for call-in to: Policy and Resources Scrutiny Committee

Cabinet Member: Cllr Terry

The Cabinet considered a report of Executive Director (Neighbourhoods and Environment) which had been prepared in response to the Notice of Motion, presented to the last meeting of Council, concerning no overnight camping in the Borough.

Resolved:

1. That the proposed Notice of Motion and the current inability of either the Council or the police to enforce a Public Spaces Protection Order as set out in the Notice of Motion, be noted.

2. That the current process by which the Council and Essex Police approach traveller sites/the traveller community in the Borough continues to be supported.

Other options

None

Reasons for Recommendations

Introducing a Borough wide PSPO to prohibit overnight camping (primarily aimed at the traveller community) would be extremely difficult to secure and to enforce. The PSPO process in itself is a lengthy process which involves wide stakeholder and public consultation. Furthermore, courts across the nation rarely allow, if ever, locality wide PSPO prohibitions. Locality wide PSPO’s if being considered are often rigorously challenged by various groups such as Liberty.

Note: This is an Executive Function

Called in to: Policy and Resources Scrutiny Committee

Cabinet Member: Cllr Terry