Proposed Public Spaces Protection Order (Notice of Proposed Order and Draft Order) - West District
Public Spaces Protection Order (PSPO) reference no
WEST DISTRICT
Location(s)
CHADDERTON CENTRAL, CHADDERTON SOUTH, CHADDERTON NORTH AND WERNETH WARDS
Notice of proposed Public Spaces Protection Order
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
OLDHAM COUNCIL
NOTICE OF PROPOSED PUBLIC SPACES PROTECTION ORDER FOR OLDHAM
WEST DISTRICT
(CHADDERTON CENTRAL, CHADDERTON SOUTH,
CHADDERTON NORTH AND WERNETH WARDS)
Notice is hereby given that Oldham Council (‘the Council’) proposes for the purposes of reducing crime and anti-social behaviour to make a Public Spaces Protection Order under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014.
The Council is satisfied on reasonable grounds that:
a) activities carried on in a public place within the Council’s area have had a detrimental effect on the quality of life of those in the locality, or it is likely that activities will be carried on in a public place within that area and that they will have such an effect; and
b) that the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the proposed Order.
The effect of the Order will be to restrict the public right of way over the highways listed in the Schedule (“the Restricted Area”) and also to impose the following restrictions:
1. No waste or household item shall be deposited, stored or discarded in the Restricted Area. This restriction shall not apply to any wheeled bin or other receptacle for the storage of waste where the Council has given written consent for the wheeled bin or receptacle to be stored in the Restricted Area.
2. A person in charge of a dog shall be guilty of an offence if, at any time in the Restricted Area he does not keep the dog on a lead.
3. If a dog defecates at any time in the Restricted Area and a person who is in charge of the dog at the time fails to remove the faeces from the Restricted Area forthwith, that person shall be guilty of an offence.
4. No wall or other structure, either temporary or permanent, shall be built, erected or installed in the Restricted Area without the prior written consent of the Council.
The Order will contain exemptions for any person who lives in premises adjoining the Restricted Area, emergency services personnel, statutory undertakers and utility providers.
A draft of the proposed Order together with the plans is available for inspection on the Council’s website and also at Civic Centre Reception, West Street, Oldham, between the hours of 8.40am and 5.00pm Monday to Friday (Ref AE/23309).
The Council must make available for public inspection any consultation responses to the proposed Order, including the details of the responder. Any person making representations either in favour of, or against the proposed Order, should therefore be aware that the content of their response, including their personal information, may be disclosed in the event that a request for an inspection of the responses is made.
Paul Entwistle
Director of Legal Services
Civic Centre
West Street
Oldham
15th February 2024
Draft Public Spaces Protection Order
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
OLDHAM COUNCIL
WEST DISTRICT
(CHADDERTON CENTRAL, CHADDERTON SOUTH,
CHADDERTON NORTH AND WERNETH WARDS)
PUBLIC SPACES PROTECTION ORDER 2024
Oldham Council (“the Council”) in exercise of its power under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act’’) and of all other enabling powers hereby makes the following Order:-
1. This Order applies to the public places described in the Schedule to this Order and shown hatched in red on the plan annexed to this Order (“the Restricted Area”).
2. The Council is satisfied that the conditions set out in Section 59 of the Act have been satisfied and that it is in all the circumstances expedient to make this Order for the purposes of combatting, within the Restricted Area, crime and anti-social behaviour which has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is of a persistent or continuing nature such as to make this unreasonable and justifies the restrictions imposed by this Order.
3. Except as provided in Articles 6 and 7 to this Order, no person shall use the public right of way over the Restricted Area at any time.
4. Gates may be installed, operated and maintained at each end of the Restricted Area by the Council.
5. Any person using the gates referred to in Article 4 to gain access to or from the Restricted Area shall ensure that the gates are closed and locked immediately after they are used.
6. The restriction in Article 3 to this Order shall not apply to any person who occupies premises adjoining or adjacent to the Restricted Area.
7. The restrictions in Articles 3 and 5 to this Order shall not apply to any police, ambulance or fire service personnel acting in pursuance of statutory powers or duties or to any statutory undertakers, gas, electricity, water or communications provider requiring access to their apparatus situated in the Restricted Area.
8. No waste or household item shall be deposited, stored or discarded in the Restricted Area. This restriction shall not apply to any wheeled bin or other receptacle for the storage of waste where the Council has given written consent for the wheeled bin or receptacle to be stored in the Restricted Area.
9. No wall or other structure, either temporary or permanent, shall be built, erected or installed in the Restricted Area without the prior written consent of the Council.
10. A person in charge of a dog shall be guilty of an offence if, at any time in the Restricted Area he does not keep the dog on a lead.
11. If a dog defecates at any time in the Restricted Area and a person who is in charge of the dog at the time fails to remove the faeces from the Restricted Area forthwith, that person shall be guilty of an offence.
12. For the purposes of Articles 10 and 11:
a) A person who habitually has a dog in his/her possession shall be taken to be in charge of the dog unless at that time some other person is in charge of the dog;
b) Placing the faeces in a receptacle in the Restricted Area which is provided for that purpose or for the disposal of waste, shall be sufficient removal from the Restricted Area;
c) Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise) or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces
13. The provisions of Article 11 do not apply to a person who is in charge of a dog who:
a) Is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
b) Has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon whom he relies for assistance.
c) Each of the following is a “prescribed charity” -
i) Dogs for the Disabled (registered charity number 700454)
ii) Support Dogs (registered charity number 1088281)
iii) Canine Partners for Independence (registered charity number 803680)
14. Any person who, without reasonable excuse, fails to comply with the requirements of Articles 3, 5, 8, 9, 10 or 11 of this Order commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
15. This Order shall come into force on XXX for a period of three years.
THE COMMON SEAL of )
OLDHAM BOROUGH )
COUNCIL was hereunto )
affixed on XXX )
in the presence of: -
Schedule
Schedule - Restricted Areas
(Including Plan Reference Numbers)
003/20
37-59 TAMWORTH STREET, 1-33 BATH STREET, 4-56 OXFORD STREET
004/20
41-49 CHESTER STREET, 6 DORSET STREET, 11 WARWICK STREET
006/20
4-12 LINCOLN STREET, 29 MONMOUTH STREET
008/20
18-72 TAMWORTH STREET
105/20
3-21 MALTON STREET, 1-11 ROSS STREET, 20-40 WERNETH HALL ROAD, 4-22 ROSS STREET, 3-23 HORNBY STREET, 49 AND 51 MALTON STREET AND 54-62 WERNETH HALL ROAD
106/20
2-14 MALVERN STREET, 1-13 WYE STREET, 12-28 ST. THOMAS STREET NORTH AND 11-27 PENN STREET
110/20
2-22 HEREFORD STREET, 19-65 LINCOLN STREET, 8-72 WORCESTER STREET, 96-114A OXFORD STREET, 24, 32-40 RUTLAND STREET AND 21-53 OXFORD STREET
111/20
36 AND 38 MANCHESTER ROAD, WERNETH LODGE AND 44 AND 48 MANCHESTER ROAD
112/20
1-21 RADNOR STREET, 44-64 LINCOLN STREET, 24-50 HEREFORD STREET, 41 AND 47 GLOUCESTER STREET NORTH AND 14-22 LINCOLN STREET
113/20
69-85 NAPIER STREET WEST, 33-43 FREDERICK STREET, 2-26 NEWPORT STREET, 2-20 BURNABY STREET AND 55-65 NAPIER STREET WEST
114/20
23A-59 FERN STREET, 2-28 ST. THOMAS STREET SOUTH AND 58-64 WELLINGTON ROAD
115/20
1-19 FERN STREET, 42-52 ST. THOMAS STREET NORTH & 61-67 WERNETH HALL ROAD
116/20
104-144 PARK STREET, 20-35 VILLIERS DRIVE, 131-145 LEE STREET, 101-139 PARK STREET AND 18-28 HOYLE AVENUE
117/20
147-179 LEE STREET, 2-40 FLORIDA STREET, 15-31 WELLINGTON ROAD AND 14-50 CROMPTON STREET
119/20
40-50 STAFFORD STREET, 49 DEVON STREET AND 68 NORFOLK STREET
150/20
105-175 GARFORTH STREET, 9-15 FALCON DRIVE, 1-17 MANOR CLOSE, 12-16 MANOR CLOSE, 142-176 VICTORIA STREET AND 1-19 OLD SCHOOL AVENUE
022/20
17-23 HARDMAN STREET, 1-17 VINE STREET AND 57-73 ALBERT STREET
070/20
4-16 AND 20-44 RYEBURNE STREET
141/20
1-7 PALACE STREET, 1-21 DAINTRY ROAD AND 10-20 NEVILLE STREET
142/20
2-26 NEATH STREET, 15-39 WESTBOURNE STREET, 2-18 WIDDOP STREET, 1-65 WIDDOP STREET AND 2-62 COLWYN STREET
143/20
1-21 HURST STREET AND 30-50 PLATO STREET
144/20
41-89 PROSPECT ROAD, 2-22,26 DAINTRY ROAD, 5 AND 6 HEXHAM CLOSE, 100-116 MAIN ROAD, 118-144 MAIN ROAD AND 2-24 PALACE STREET
145/20
77-107 BRIERLEY STREET, 228-258 GARFORTH STREET, 92-106 BAMFORD STREET, 57-67 BURNLEY LANE AND 25-53 OSBORNE STREET
146/20
11 AND 12 EDGE VIEW, 7 RIVERSIDE, 5 AND 6 PEXWOOD AND 7 AND 8 ROOKWOOD
148/20
208-226 GARFORTH STREET, 91-107 BAMFORD STREET, 69-75 BRIERLEY STREET, 3-4 BOUNDARY COURT AND 116A-136 GARFORTH STREET
149/20
12-16 MADELEY DRIVE, 195-197 LANSDOWNE ROAD AND 151-157 JAMMY LANE
151/20
33-63 WESTFIELD STREET, 177-211 GARFORTH STREET AND 109-113 BAMFORD STREET
152/20
6-32 ELEANOR STREET, 251-277 FEATHERSTALL ROAD NORTH, 91-133 COTTAM STREET AND 280-318 MAYGATE
153/20
35-61 HARDMAN STREET, 78-94 ALBERT STREET, 2-16 WHARF STREET, 1-33 LESLIE AVENUE, 46-66 HARDMAN STREET AND 51-55 DERBY STREET
154/20
45-141 STANLEY ROAD, 50-54 DERBY STREET, 2-58 LESLIE AVENUE, 50-76 ALBERT STREET, 2-32 RAYMOND AVENUE, 356-372 MANCHESTER ROAD, 1-5 WILTON STREET AND 4-8 HARDMAN STREET
155/20
5-57 RUTLAND STREET, 2-56 CHESTER STREET AND 5 WARWICK STREET
156/20
11-29 COLWYN STREET AND 148-152 MIDDLETON ROAD
158/20
192-210 COALSHAW GREEN ROAD, 2-8 ARDEN STREET, 75-113 COALSHAW GREEN ROAD AND 66-130A FIELDS NEW ROAD
159/20
63-87 ROBINSON STREET, 2-28 BREDBURY STREET, 2-12 JANE STREET, 23-49 GORTON STREET, 1-5 GORTON STREET, 350-354 DENTON LANE AND 12 RIPON CLOSE
160/20
29-45 ROBINSON STREET, 2-46 AGNES STREET, 1-31 BREDBURY STREET AND 1 JANE STREET
161/20
1089-1125 MIDDLETON ROAD AND 26-40 KENSINGTON AVENUE
162/20
22-44 ARDEN STREET, 72-102 HENLEY STREET, 3-17 LANCASTER STREET AND 1-31 ALCESTER STREET
163/20
352 AND 354 HOLLINWOOD AVENUE, 9 AND 11 WELBECK AVENUE, 631 AND 633 BROADWAY AND 20 AND 31 SHIRLEY AVENUE
164/20
131-145,149-159 OLD LANE, 2-18 ENGINE STREET AND 16-30 AND 38 WHITELEY STREET
165/20
12 VICTORIA WALK
166/20
15-27 STANLEY ROAD, 8-20 WILTON STREET, 1 AND 3 STANTON STREET AND 2 AND 4 HOLLINGWORTH STREET
170/20
79-131A CAMBRIDGE STREET AND 48-64 AND 74-88 DEVON STREET
171/20
36 ST. THOMAS STREET NORTH, 1-11 MALVERN STREET INCLUDING GARAGE, 29-35 PENN STREET AND 80-94 WERNETH HALL ROAD
174/20
85-113 NAPIER STREET EAST, 2-10 ST THOMAS STREET NORTH, 2-16 WYE STREET AND 3-9 PENN STREET
186/20
2-72 CARTMEL CRESCENT
187/20
132-302 FIELDS NEW ROAD, 95-113 ROBINSON STREET, 2 GORTON STREET AND 2-24 BERNICE AVENUE
188/20
115-207 DENTON LANE AND 2-68 ARNSIDE AVENUE
189/20
2-12 LINDALE AVENUE, 20-26 ULVERSTON AVENUE AND 1 AND 3 CARNFORTH AVENUE
190/20
221-267 FIELDS NEW ROAD, 268-282 DENTON LANE, 1-11 BROOKLANDS AVENUE AND 11-14 PAGNALL COURT
192/20
62-76B HIGHER HOUSE CLOSE, 24-44 AND 50 SCHOLES STREET AND 20-22 KINGSTON AVENUE
202/20
211 BLOCK LANE AND 154 AND 156 OXFORD STREET
191/20
5-19 CHANCERY WALK AND 1A-29 DENMARK STREET
199/20
42-58 SUFFOLK STREET AND 31-45 LYNN STREET
200/20
4-20 SCHOOL STREET, 17-31 WERNETH HALL ROAD AND ST. THOMAS CE PRIMARY SCHOOL, THOMAS STREET
201/20
225-269 HERON STREET AND 60-106 WOLVERTON AVENUE
206/20
2-16 FERN STREET, 10-24 OSBORNE ROAD, 121-135 COPPICE STREET AND 77-83 WERNETH HALL ROAD
207/20
30-62 FERN STREET, 9-27 OSBORNE ROAD, 151-177 COPPICE STREET AND 74-84 WELLINGTON ROAD
208/20
1-7 ST. THOMAS STREET NORTH, 77-83 NAPIER STREET EAST, 46 MALTON STREET AND 78-84 NAPIER STREET EAST
209/20
3-15 SCHOOL STREET, 41-51 ST. THOMAS STREET NORTH AND 33-47 WERNETH HALL ROAD
210/20
1-7 NAPIER STREET EAST, 2-14 WERNETH HALL ROAD AND 6 MALTON STREET
211/20
32-54 WILTSHIRE ROAD, 9-67 WORCESTER STREET, 10-64 CORNWALL STREET, 116-122 OXFORD STREET AND 139-153 BLOCK LANE
221/20
24-38 CANAL STREET, 24-28 WHARF STREET AND 81-91 DERBY STREET
222/20
9-73 COALSHAW GREEN ROAD AND 165-177 STANLEY ROAD
001/24
16 AND 18 KINGSWAY CLOSE AND 190 AND 192 LEE STREET
Additional information
To obtain copies of any of the plans of the Restricted Area(s) please contact communitysafetyservices@oldham.gov.uk quoting the relevant plan reference number.