I can reveal that Rother District Council were aware that a public spaces protection order (PSPO) may not restrict the public right of way over a highway. They stated on their own website for the consultation to ban “overnight sleeping”:
“We can put some types of parking into a public space protection order if it is not on a highway”
Please click on the link Rother PSPO Public Consultation and read the highlighted last sentence.
In a failed attempt to get around the “parking” aspect, they came up with the insane idea to ban everyone in the whole of the Rother District Council area from sleeping anywhere including their own beds.
Alas, the Anti-social Behaviour, Crime and Policing Act 2014 – 65 – 1 which states “A public spaces protection order may not restrict the public right of way over a highway.” includes sleeping in a vehicle and all other lawful activity.
Always Look On The Bright Side Of Life
Rother District Council can look on the bright side. Their admission confirms my stated position that councils cannot use a PSPO to ban overnight parking or indeed any parking on the highway.
I suggest Hambleton District Council give consideration to this in relation to their consultation regards the banning of overnight parking at Leeming Bar. Or will they pitch their legal team against those from the south coast?
Is that a fat lady I hear singing?