Agenda item

A report to discuss updating the current Byelaws for the Ministry of Housing, Communities and Local Government’s Pleasure grounds, public walks and open spaces: model byelaw set 2 and the option to introduce a Public Space Protection Order for dog control in the Park.

The Committee agreed to move onto item 5 (Nonsuch Park Byelaws Review) for consideration, as the Streetcare Manager had now become present at the meeting.

The Committee received a report to discuss updating the current Byelaws for the Ministry of Housing, Communities and Local Government’s Pleasure grounds, public walks and open spaces: model byelaw set 2 and the option to introduce a Public Space Protection Order for dog control in the Park.

The following matters were considered by the Committee:

a)            Current byelaws: The Streetcare Manager confirmed that, should the Committee wish to keep the current byelaws in relation to Nonsuch Park, the byelaws could not be amended or modified or have any additions or subtractions made to them.

b)            Drone usage: The Committee considered that drone usage within the Park was not covered by the current byelaws. The Principal Solicitor confirmed that the Council has no direct control over the use of drones within the Park under the current byelaws, but explained that drone users are obliged to abide by the UK Dronecode. It was noted that any matters in relation to safeguarding concerns involving drone usage within the Park would be a police matter.

c)            Model Byelaws: The Streetcare Manager confirmed that, should the Committee wish to adopt the model byelaws, the model byelaws could not be amended or modified or have any additions or subtractions made to them, and would have to be adopted as written.

d)            Dog Control: The Committee considered that dog control within the Park would not be covered by the model byelaws. The Streetcare Manager explained that, should the Committee wish to adopt the model byelaws, a PSPO would be required in order to allow for the enforcement of dog control within the Park.

e)            PSPO: It was noted by the Committee that a PSPO in relation to dog control would require a consultation period and an evidence base to prove the requirement for the PSPO. The PSPO would be valid for 3 years, after which time it would require a renewal which would require evidence in support.

Following consideration, the Committee unanimously resolved to:

(1)          Note the contents of the report.

(2)          i) Advise that they wished to pursue the introduction of Model Byelaws and a Public Space Protection Order to regulate dog walking in the Park, and;

ii) Set up a working group of Officers and Members to determine the exact wording of the new byelaws, the scope of the Public Space Protection Order, and timeline for consultation and implementation, and;

iii) Receive, upon completion, a further report, to be presented to the Nonsuch Park Joint Management Committee at its spring 2023 meeting.

The Committee agreed that the Membership of the working group would be the following;

·           Councillor Christopher Woolmer (Chair), London Borough of Sutton

·           Councillor Peter Geiringer, London Borough of Sutton

·           Councillor Colin Keane, Epsom & Ewell Borough Council

·           Councillor Louise Phelan, London Borough of Sutton

·           Councillor David Reeve, Epsom & Ewell Borough Council

·           Councillor Vanessa Udall, London Borough of Sutton

·           Town Clerk, Epsom & Ewell Borough Council

·           Streetcare Manager, Epsom & Ewell Borough Council

·           Principal Solicitor, Epsom & Ewell Borough Council

·           Contract Officer, London Borough of Sutton

·           Parks Manager, London Borough of Sutton