It will come as no surprise that Steven Lister, Hambleton District Council (HDC) Director of Leisure and Communities is attempting to convince HDC Cabinet that he is right in relation to the Leeming Bar Public Spaces Protection Order (PSPO) and the law is wrong.
On Tuesday the Cabinet will consider the report by our Steven Agenda Item 4 (click on the link to read the full report).
I note the following with comment:
- Note 1 – 1.4 – The Council has chosen not to exercise its power to issue any fixed penalty notices during the initial 6 month period. – This is false. HDC stated that the £6,800 cost of the PSPO would be financed by the issuing of 68 £100 Fixed Penalty Notices. If the new order is approved the cost will escalate to over £20,000 of wasted taxpayers resources. This does not include the considerable cost of Officers time.
- Note 2 – 1.7 Following consultation, the proposal is to amend the restricted area covered by the Public Space Protection Order to exclude the field known as Roughly Corner Farm. – Is this because the site is under investigation? (click on the link to read)
- Note 3 – 5.1 The Council has taken independent legal advice to ensure that all foreseeable legal requirements have been considered and that the proposed variations to the Order are reasonable in attempting to address the anti-social behaviour at Leeming Bar Industrial Estate referred to in the report. – So why do HDC state “Disclosure of the information could also impact on the Council’s position in any legal proceedings seeking to challenge the validity of the PSPO and/or in any future prosecutions.”?
- Note 4 – 5.18 North Yorkshire County Council, as the local highway authority, has been consulted and considers the signs relating to the Public Space Protection Order to be public notices and not traffic signs. Although the intended purpose and effect of the Order is to restrict the parking of certain classifications of vehicle overnight, it is not a Traffic Regulation Order made under the powers of the Road Traffic Regulation Act 1984 (RTRA as amended) that would require the restriction to be signed in accordance with the Traffic Signs Regulations and General Directions 2016 (TSRGD 2016). As the Public Space Protection Order is made under different (non-highway) legislation the RTRA 1984 and TSRGD 2016 are not the relevant documents specifying the terms of its signing. – On December 17 the NYCC Officer who made this statement, David Kirkpatrick, Traffic Engineering Team Leader confirmed he would review this (Recording of the phone call with David can be heard below). The review is still outstanding.
- Note 5 – Page 53 – Appendix 3 – Multiple notices on floor around industrial estate. – The actions of HDC resulted in a breach of the Environmental Protection Act and as such must never be repeated. This also demonstrates that HDC is being laughed at.
- Note 6 – Page 64 – Appendix 6 – Inspector Sarah Sanderson responded I am of the strong opinion that this PSPO must continue. – No North Yorkshire Police Officer should ever condone actions that breach legislation. As this PSPO breaches legislation I will register a formal complaint against the Inspector and request that legal advice is sought before they revisit their submission.
- Note 7 – Page 71 – Religion or belief – There is no evidence to suggest the religion or belief of the driver would be affected by the order. – This is false as it would affect my belief (click on the link to read) and HDC are fully aware of this. In addition, it will affect those who are Vegans.
- Note 8 – Page 81 – Appendix 10 – No Action Enforcement options shall not be considered where there is no evidence available to identify the likely perpetrator. – This statement confirms no enforcement action will be taken – HGV drivers are behind curtains, motorhomers have curtains drawn and I am inside a sleeping bag. To take photos of anyone in their “bedroom” could result in legal action for sexual offences against the photographer. This could result in being placed on the Sex Offenders Register.
I have informed HDC Cabinet of all of the above.
The bottom line is that HDC must successfully prosecute Strangeway in a Court of Law as without which the PSPO is null and void.