The report of the Interim Strategic Director, Place (Document “AF”) relates to a petition received by the Council from Ellar Gardens Residents Association (EGRA) in Menston on 13 March 2020 regarding a number of issues regarding the use of the public open space (POS) at Ellar Gardens residential area.

Recommended –

That the Committee conclude that all issues raised in the petition have been addressed, whilst accepting the possible fence encroachment be closed and left as is. Continue to maintain the area of POS in line with statutory requirements and monitor the situation at the same time.

(Gill Bennison – 01274 431377)

Resolved –

That Option 2 in document “AF” was the preferred option concluding that the majority of issues raised in the petition have been addressed and allocated further officer time and resources to continue to investigate the possible fence encroachment to satisfactory conclusion. Continue to maintain the area of POS in line with statutory requirements and monitor the situation at the same time.

Action: Interim Strategic Director, Place

The report of the Interim Strategic Director, Place (Document “AF”) related to a petition received by the Council from Ellar Gardens Residents Association (EGRA) in Menston on 13 March 2020 regarding a number of issues regarding the use of the public open space (POS) at Ellar Gardens residential area.

Officers presented their response to the petition and summarised the remedial actions taken in respect of encroachment and inappropriate use.  They did emphasise that the area is public open space and access is free for recreational use but stated that the area was being continuously monitored and any future encroachment would not be tolerated.  In addition to the clean-up carried out by refuse teams, work was being undertaken to plant wild flower seeds and tree maintenance was also being carried out.

The lead petitioner attended the meeting and addressed Members in relation to the public open space at Ellar Gardens and summarised the concerns raised and was able to update Members in relation to the actions taken by Officers in response to those concerns.  Acknowledgement and thanks were expressed to Officers in relation to the work they had already carried out, but further action was still needed.

Members were then given the opportunity to make comments and ask questions.  Details of these and responses given are as below:

·           One Member stated that the public should not be excluded from using the space but should not access it in ways which were not permitted and wanted to wait for the final outcome

·           In the report circulated, Officers had stated that a professional surveyor would need to be engaged in order to be accurate around encroachment and wild flower seeding.  Had anyone been engaged?

·      Officers advised that preparation was underway for seeding and they were just waiting for appropriate weather.  No professional had been engaged due to financial and time resources but encroachment would not be tolerated

·         The Chair stated that the situation relating to gates onto the public space should be investigated

·      Officers advised that there was no evidence to support the removal of gates opening onto the space and would require a large legal undertaking and would be difficult to address.  The lead petitioner stated that the issue with gates only applied to some properties from where businesses were being run and materials were being deposited onto the open space.  If this was cleared then there was no issue.

Resolved –

That Option 2 in document “AF” was the preferred option concluding that the majority of issues raised in the petition have been addressed and allocated further officer time and resources to continue to investigate the possible fence encroachment to satisfactory conclusion. Continue to maintain the area of POS in line with statutory requirements and monitor the situation at the same time.

Action: Interim Strategic Director, Place