PROPOSED BYELAW FOR THE BANCROFT, THE TRAMWAY AND THE RECREATION GROUND
The Council is proposing to replace the existing byelaws that regulate the use of The Bancroft, The Tramway and The Recreation Ground with a new byelaw encompassing all three areas.
The review of the byelaws for these particular areas came about following the use of part of Waterside Area within the Bancroft Gardens by motorcyclists which highlighted that the byelaws for The Bancroft, in addition to The Tramway and Recreation Ground were outdated and in need of review.
The draft byelaw is based on the model byelaws as provided by Ministry Housing, Communities and Local Government (“MHCLG") that relate to the use of a pleasure ground, public walk and open spaces, however with amendments, which in the Council's view, reflect the local use of those areas.
In the Council's view, the draft byelaw will not only clarify the responsibilities of Council Officers when managing and controlling the grounds but will in addition assist the general public to easily reference and understand what matters can or cannot be undertaken so all can enjoy the amenity of those areas.
With regard to the motorcycle issue highlighted above, section 17 of the draft byelaw sets out a provision where the Council can set aside such areas (and motor vehicles and trailers in addition), for controlled use of these particular vehicles.
The District Council now wishes to seek comments from the general public as part of its consultation process before it submits an application to the MHCLG requesting approval to proceed with the proposed byelaw. Public consultation may address matters, which require further consideration by the Council in respect of the proposed byelaw.
This public consultation process follows consideration on 12 July 2019 by the Council's Regulatory Committee in respect of a report seeking approval of the draft byelaw encompassing the three areas into a new byelaw and the revoking of all existing byelaws for those particular areas.
The Council's Regulatory Committee resolved on 12 July 2019 that the byelaw process, set out in the Legal Implications section of the report to them, could proceed, following assessment of the draft byelaw and officer updates reported to the committee. The final draft set of the byelaw, approved by the Chair of Regulatory Committee, is set out below as are the areas of investigation as highlighted in the minutes are covered by other forms of governance.
To access the existing byelaws for the above areas and reports and minutes from the Regulatory Committee plus those from the Council's Cabinet and Full Council that relate to these particular byelaws see the links below.
The Council must now undertake a regulatory assessment of the proposed byelaw (as set out in the Legal Implications section of the Regulatory Committee Report), as part of the consultation process, to ensure that the same is proportionate. The regulatory assessment must include at least the following considerations which the initial observations of the Council are as follows:
1. What is the objective of the byelaw?
Answer: The motorcycle issue caused the Council to review its current byelaws. The review concluded that the current byelaws were out of date and no longer fit for purpose. The objective of the proposed byelaw is to provide a contemporary set of guidelines which can be relied upon as a basis for the effective and equitable management of the pleasure grounds and open spaces.
2. Could the objective be achieved in any other way, short of a byelaw?
Answer: The proposed byelaw is based on the MHCLG Model byelaws. It addresses matters that are considered necessary to allow effective and equitable management of the pleasure grounds and open spaces that are not covered under other legislation.
3. What will be the impact on those affected by it?
Answer: In the Council's view, the draft byelaw will not only clarify the responsibilities of Council Officers when managing and controlling the areas but will in addition assist the general public to easily reference and understand what matters can or cannot be undertaken so all can enjoy the amenity of those areas. There are no negative impacts anticipated as a result of implementing this byelaw.
4. Will the proposed byelaw increase or decrease the regulatory burden upon those affected by it and can the local authority express this increase or decrease as a financial cost or benefit?
Answer: The proposed byelaw will replace exiting outdated byelaws and as such it is considered to have a neutral impact in terms of Regulatory burden.
5. How does making the proposed byelaw compare with taking no further action?
Answer: The review of the byelaw is considered to have a positive impact when compared to taking no action as it will result in a usable set of guidelines which can be relied upon as a basis for the effective and equitable management of the pleasure grounds and open spaces.
In carrying out the Regulatory Assessment, the Council must consult such persons as it considers may be affected by the proposed byelaw. In undertaking this, relevant local groups, in the Council's view, will be contacted directly however to make sure all members of the public have a say (in case we omit any group or person), so we can gauge the level of support for the new byelaw, this website allows all persons to leave a reply to any particular provision(s) of the same (see snap survey link below).
As part of the regulatory assessment, the Council will also take into account the requirements under the Equality Act 2010.
STATEMENT OF THE ASSESSMENT
Once the Council has assessed the proportionality of the proposed byelaw, it will then prepare a statement of this assessment, which must record in the statement of the assessment:
The Council will then publish the statement of the assessment on its website and in addition publicise the statement so that it is brought to the attention of people who live in the Council's area and those who may otherwise have been affected by the proposed byelaw.
Following consultation and assessment, the Council must submit their application to the MHCLG for approval. To follow the byelaw process as set out by MHCLG, click on to the link https://www.gov.uk/guidance/local-government-legislation-byelaws
The consultation period for the draft byelaw proposal will expire at Midnight on Friday 31 January 2020.
Please comment here
Tony Perks, Deputy Chief Executive