The Strategic Director, Place will present Document “AW” which outlines the proposals and seeks approval to begin the required public consultation exercise to implement a Public Space Protection Order for defined areas within Bradford District relating to antisocial behaviour arising from lighting fires and barbecues (and other materials) on moorland sites and subsequent risk of wildfire.

Recommended –

(1)       That the Strategic Director, Place be authorised to undertake the required (minimum 6 week)consultation exercise to implement a Public Space Protection Order for Restricted Areas within Bradford District. 

(2)       That further to the completion of the necessary consultation process, the proposed Order be submitted to this Committee for approval, or, alternatively

(3)       That further to the completion of the necessary consultation process, the proposed Order be approved under delegated powers by the Strategic Director, Place.

(Danny Jackson – 01274 431230)

The Strategic Director, Place presented Document “AW” which outlined the proposals and sought approval to begin the required public consultation exercise to implement a Public Space Protection Order (PSPO) for defined areas within Bradford District relating to antisocial behaviour arising from lighting fires and barbecues (and other materials) on moorland sites and subsequent risk of wildfire.

The City Solicitor informed Members that the PSPO would relate to defined restricted areas, not all of the District and evidence would be required to support the proposal.  Recent wildfires on Ilkley Moor had prompted the West Yorkshire Fire and Rescue Service to contact the Council and a consultation process had to be undertaken prior to the establishment of a PSPO.  It was noted that the required consultation exercise had to be a minimum of six weeks, however, due to the significant support for the Order it was considered that four weeks would be acceptable.  The City Solicitor confirmed that a press release would be published tomorrow, the process would then commence and the PSPO would be established as soon as possible. 

A Member questioned whether the six week consultation period was set in the legislation and indicated that the Chair of the Committee should be consulted regarding the approval of the proposed Order.  In response the City Solicitor confirmed that he could check the regulations in respect of the consultation guidance.

A Ward Councillor was present at the meeting and welcomed the proposed PSPO.  Members were informed that the local community valued the moor, however, others did not appreciate it and it needed to be ensured that the area was used responsibly by all.  It was noted that the residents that lived near the edge of the moorland would like the Order to be established as soon as possible, however, a four week consultation period would be preferable to six weeks.  The Ward Councillor then questioned whether any thought had been given to the strengthening of the by-law, which was old and not fit for purpose.

The City Solicitor confirmed that the existing by-laws would be suspended for the period of the PSPO, which was three years, however, sometimes by-laws and PSPOs could work together.  He stated that the Committee could extend the Order over three years and consideration could be given to the strengthening of the by-law. 

In response to questions, Members were informed that the by-laws were dated around 1980 and related to public areas, though it was not known if they covered other areas.  A PSPO would include all areas and any by-law would only be suspended in respect of duplicated offences.

A representative of the Friends of Ilkley Moor was present at the meeting and expressed her horror at seeing a fire on the North side of the Moor and close to residential properties at the weekend.  Members were informed that the Friends of Ilkley Moor had considered and were in favour of any Order that could prevent fires.  Signage at the entrances and in the car parks was also requested.  The representative of the Friends of Ilkley Moor indicated that a consultation should be undertaken along with a publicity campaign that detailed the dangers of open fires.

The Strategic Director, Place reported that signage had been arranged, however, the Council did not wish to litter the Moor with signs.  He confirmed that a press statement would be released in respect of the consultation process and messages regarding the protection of the moorland had been publicised for several years.  Work was ongoing with other South Pennines groups and the Council would do its upmost to broadcast the risk.

Resolved –

(1)       That the Strategic Director, Place be authorised to undertake the required consultation exercise, for a time period that will allow meaningful engagement, in order to implement a Public Space Protection Order for Restricted Areas within Bradford District. 

(2)       That further to the completion of the necessary consultation process, the proposed Order be approved under delegated powers by the Strategic Director, Place in consultation with the Chair of the Regulatory and Appeals Committee.

ACTION: Strategic Director, Place