Proposed Public Spaces Protection Order (Notice of Proposed Order and Draft Order) - Central District
Public Spaces Protection Order (PSPO) reference no
CENTRAL DISTRICT
Location(s)
ALEXANDRA, ST. MARY’S AND COLDHURST 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
CENTRAL DISTRICT
(ALEXANDRA, ST. MARY’S AND COLDHURST 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
CENTRAL DISTRICT
(ALEXANDRA, ST. MARY’S AND COLDHURST 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)
023/20
2-42 ST HILDA’S DRIVE, 21-51 MITCHELL STREET, 1-19 RIPON STREET AND 114-130 WARD STREET
024/20
2-20 MARTHA STREET, 1-21 NORMAN STREET, 162-180 CHADDERTON WAY, 2-64 DAVIES STREET AND 69-131 WARD STREET
041/20
2-30 NETHER HEY STREET, 17-51 EASTBOURNE STREET, 1-5 DELAMERE STREET AND WINDMILL GARAGE
043/20
1-11 AND 15-41 RALSTONE AVENUE, 10-24 AND 34-40 AVON STREET
044/20
5-29 THATCHER STREET, 1-41 AND 43 KESWICK AVENUE, 2-6 THATCHER STREET, 210-284 BELGRAVE ROAD AND 218-232 HONEYWELL LANE
045/20
309-319 ABBEY HILLS ROAD, 2-18 MANOR ROAD, 276-334 ABBEY HILLS ROAD, 1-61 ASHLEY STREET, 2-64 STIRLING STREET AND 62-78 MAIN ROAD
046/20
6 ASHLEY STREET, 1-6 ASHLEY MEWS AND 48-58A MAIN ROAD
047/20
68-82 HARDY STREET, 23-75 LATIMER STREET, 36-88 KERSLEY STREET AND 1 SPINKS STREET
049/20
17-25 HOOPER STREET, 7-23 BARLOW STREET, 43 AND 59-69 HARDY STREET, 11-47 SOUTH HILL STREET, 11-17 THORNEY HILL CLOSE AND 10-46 BARLOW STREET
050/20
119-135 BOLTON STREET AND 84-100 RETFORD STREET
051/20
30-44 RETFORD STREET, 301-317 WATERLOO STREET, 31-35 CALDERBROOK WAY, 34-58 SAVOY STREET AND 24-36 CALDERBROOK WAY
053/20
1-5 JARVIS STREET, 2-18 RIDLEY STREET AND 18-24 LATIMER STREET
057/20
15-31 SALEM GROVE, 11-15 PENDLE CLOSE, 38 AND 40 GIBRALTAR STREET, 10-16 AND 7-17 LEES GROVE AND AVALON PARK RESIDENTIAL HOME, DOVE STREET
077/20
3-35 AND 39-61 BROADWAY STREET, 1-17 MONTREAL STREET, 1-9 COLUMBIA STREET AND 12-20 GODDARD STREET
080/20
47-85 URMSON STREET AND 2-36 KENYON AVENUE
081/20
202 AND 206-210 HONEYWELL LANE AND 17-23 BELGRAVE AVENUE
082/20
211-217 HONEYWELL LANE, 110-208 BELGRAVE ROAD, 118-122 VILLA ROAD, 101-171 BELGRAVE ROAD, AND 53-63 AND 137-173 MELDRUM STREET
084/20 1-11 VILLA ROAD, 46-116 VILLA ROAD, 17-97 CRETE STREET, 16-44 BOSTON STREET AND 16 MELDRUM STREET
085/20
2-8 URMSON STREET, 10-48 EDITH STREET, 389-427 ASHTON ROAD, 3-39 EDITH STREET AND 2-24 ARRAN AVENUE
090/20
2-22 SNOWDEN STREET, 157 AND 159 ASHTON ROAD AND LANDSCAPED AREA
091/20
2-48 PLYMOUTH STREET, 4-8 VILLA ROAD, AND 50-56 PLYMOUTH STREET
092/20
1 BLUNN STREET, 40-58 AND 62-106 CRETE STREET, 50-52 MELDRUM STREET, 5-11 AND 15-25 PALMER CLOSE, 30-38 CRETE STREET AND 1 AND 11 DARTMOUTH CLOSE
097/20
10-26 FALMOUTH STREET, 1-29 PLYMOUTH STREET AND 10-20 AND 32 VILLA ROAD
098/20
1-29 MARION STREET, 2-32 MARION STREET, 15-45 URMSON STREET AND 8-32 HONEYWELL LANE
100/20
58-84 AND 88-104 BELGRAVE ROAD, 1-51 MELDRUM STREET, 70-76 BROADWAY STREET AND 113-117 VILLA ROAD
101/20
54-80 HONEYWELL LANE, 13-41 KENYON AVENUE AND HONEYWELL LANE METHODIST CHURCH AND SUNDAY SCHOOL
102/20
2-26 POOL STREET, 73-91 BROADWAY STREET, 72-102 GODDARD STREET, 2-8 BELGRAVE ROAD AND 53-81 CARTHAGE STREET
123/20
64-110 TRAFALGAR STREET, 213-219 AND 285-301 ROCHDALE ROAD AND 13-27 HENSHAW STREET
125/20
3-69 STIRLING STREET, 2-68 SYLVAN STREET AND 80-92 MAIN ROAD
126/20
100-144 BOUNDARY PARK ROAD AND 1-43 KENWOOD ROAD
128/20
14-32 COTTAM STREET, 5-31 ELEANOR STREET, 1-31 WHITTINGHAM GROVE AND 16-42 BARTON STREET
129/20
12-28 HAROLD STREET, 1-7 PLATO STREET, WESTWOOD ACADEMY, 9-31 PLATO STREET AND DEPOT ON DAISY STREET
130/20
260-296A LEE STREET, 2-42 HARPER STREET AND 2-8 MANLEY ROAD
167/20
2-14 KINGSBRIDGE ROAD,1-19 BROOK LANE, 426-432 PARK ROAD, 29-33 BROOKFIELD STREET AND 124 PARK ROAD
168/20
1-25 NEATH STREET, 2-26 HURST STREET, 28-44 WIDDOP STREET, 13-33 REDVERS STREET & 80-100 CHADDERTON WAY
169/20
22-32 OREGON AVENUE, 8-14 BOUNDARY GARDENS, 1-21 BOUNDARY GARDENS AND 41 AND 43 CROMPTON STREET
176/20
32-66 HARDY STREET AND 2-12 JARVIS STREET
180/20
5-19 MITCHELL STREET, 2-54 TILBURY STREET AND 71-123 TRAFALGAR STREET
193/20
33-37 ALBION STREET, 2-6 HENSHAW STREET AND 21-41 MARKET PLACE
194/20
19 AND 20 ROE LANE, 8-12 MALTA STREET, 6 AND 8 LEES ROAD AND 6 CYPRUS CLOSE
195/20
1-39 WREN STREET, 408-440 LEES ROAD
196/20
71-83 YORKSHIRE STREET AND COLISEUM THEATRE
198/20
69-113 NEW EARTH STREET, 8-26 AND 25 AND 27 BEAUFONT DRIVE, 2 AND 4 ROOK STREET AND 2-12 KESTREL AVENUE
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.