Report of Executive Director (Neighbourhoods & Environment) to follow

Further to Minute 653 of the meeting of Cabinet Committee held on 4 January 2022, the Working Party received a report of the Executive Director (Neighbourhoods & Environment) that provided an evaluation of all the evidence of alleged anti-social behaviour on Thorpe Bay Gardens provided by residents, the Police and the Council’s Community Safety team since the introduction of a Public Spaces Protection Order (PSPO) in 2019.

The report also provided a review of the covenant relating to the land bounded by the public highways (but not including the said public highway) of Thorpe Bay Esplanade and Thorpe Bay Gardens.

The Working Party discussed the information contained in the report in some detail and concluded that the use of the waiting restrictions under Road Traffic Regulation Act 1984 to address the issues of anti-social behaviour in Thorpe Bay Gardens was inappropriate and could leave the Council at risk of legal challenge.  Although the most appropriate controls issues experienced could be addressed under the controls introduced under the existing PSPO, it did not include a explicit reference to parking or driving on the greens within the designated area and were therefore considered somewhat vague in dealing with these issues.  It was unclear who would be responsible for enforcing the controls, particularly outside of the working hours of the Council’s Community Safety Team. It was therefore felt that this should be addressed through an amendment of the PSPO or the introduction of a new one to deal specifically with parking and driving of greens within the City as a whole.

Resolved:-

1. That the proposed traffic regulation order to amend the restrictions in Thorpe Bay Gardens not be progressed on the basis that there is no justification under the Road Traffic Regulation Act 1984 to advertise and implement the proposals and is likely to be unlawful to do so.

2. That, on the grounds that the reason for seeking the traffic regulation order was to address anti-social behaviour, the matter be referred to the Council’s Public Protection Working Party for consideration with a recommendation that the existing Public Spaces Protection Order (Southend Town Centre, Seafront and Adjoining Areas) No. 1 of 2019 be amended to include the specific prohibition of driving and parking on the green spaces within the designated area or that a new Public Spaces Protection Order be introduced to prohibit this.

Report of Executive Director (Neighbourhoods & Environment) to follow

Further to Minute 653 of its meeting on 4 January 2022, the Committee received a report of the Executive Director (Neighbourhoods & Environment) that provided an evaluation of all the evidence of alleged anti-social behaviour on Thorpe Bay Gardens provided by residents, the Police and the Council’s Community Safety team since the introduction of a Public Spaces Protection Order (PSPO) in 2019.

The report also provided a review of the covenant relating to the land bounded by the public highways (but not including the said public highway) of Thorpe Bay Esplanade and Thorpe Bay Gardens.

Having considered the views of the Traffic Regulations Working Party, it was:

Resolved:-

1. That the proposed traffic regulation order to amend the restrictions in Thorpe Bay Gardens not be progressed on the basis that there is no justification under the Road Traffic Regulation Act 1984 to advertise and implement the proposals and is likely to be unlawful to do so.

2. That on the grounds that the reason for seeking the traffic regulation order was to address anti-social behaviour, the matter be referred to the Council’s Public Protection Working Party for consideration with a recommendation that the existing Public Spaces Protection Order (Southend Town Centre, Seafront and Adjoining Areas) No. 1 of 2019 be amended to include the specific prohibition of driving and parking on the green spaces within the designated area or that a new Public Spaces Protection Order be introduced to prohibit this.

Note: This is an Executive function

Eligible for call in to: Place Scrutiny Committee

Cabinet Member: Councillor Wakefield

Further to Minute 653 of its meeting on 4 January 2022, the Committee received a report of the Executive Director (Neighbourhoods & Environment) that provided an evaluation of all the evidence of alleged anti-social behaviour on Thorpe Bay Gardens provided by residents, the Police and the Council’s Community Safety team since the introduction of a Public Spaces Protection Order (PSPO) in 2019.

The report also provided a review of the covenant relating to the land bounded by the public highways (but not including the said public highway) of Thorpe Bay Esplanade and Thorpe Bay Gardens.

Having considered the views of the Traffic Regulations Working Party, it was:

Resolved:-

1. That the proposed traffic regulation order to amend the restrictions in Thorpe Bay Gardens not be progressed on the basis that there is no justification under the Road Traffic Regulation Act 1984 to advertise and implement the proposals and is likely to be unlawful to do so.

2. That on the grounds that the reason for seeking the traffic regulation order was to address anti-social behaviour, the matter be referred to the Council’s Public Protection Working Party for consideration with a recommendation that the existing Public Spaces Protection Order (Southend Town Centre, Seafront and Adjoining Areas) No. 1 of 2019 be amended to include the specific prohibition of driving and parking on the green spaces within the designated area or that a new Public Spaces Protection Order be introduced to prohibit this.

Note: This is an Executive function

Eligible for call in to: Place Scrutiny Committee

Cabinet Member: Councillor Wakefield