Proposed Public Spaces Protection Order (Notice of Proposed Order and Draft Order) - South District

Public Spaces Protection Order (PSPO) reference no
SOUTH DISTRICT
Location(s)
FAILSWORTH EAST, FAILSWORTH WEST, HOLLINWOOD AND MEDLOCK VALE 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

SOUTH DISTRICT
(FAILSWORTH EAST, FAILSWORTH WEST, HOLLINWOOD
AND MEDLOCK VALE 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).

Any representation or objection to the proposed Public Spaces Protection Order must be in writing and sent to the Director of Legal Services, Civic Centre, West Street, Oldham OL1 1UL, on the Council’s website at:
https://www.oldham.gov.uk/info/201193/public_spaces_protection_orders_pspo or by email to alan.evans@oldham.gov.uk before the 17th March 2024.

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

SOUTH DISTRICT
(FAILSWORTH EAST, FAILSWORTH WEST, HOLLINWOOD
AND MEDLOCK VALE 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)

001/20
2-20 CHEVIOT AVENUE, 1-15 ORIEL AVENUE, 304-306 WINDSOR ROAD

002/20
12-30 COPSTER HILL ROAD

005/20
48-70 LANGHAM ROAD, 53-69 BURLINGTON AVENUE

012/20
86-96 ASHTON ROAD WEST, 2-14 PIERCY STREET, 4-38 ASHTON ROAD EAST, 1-41 TIMSON STREET, 77 AND 84 HAMPTON ROAD, 80 AND 82 ROMAN ROAD, 15-31 PIERCY STREET AND 16-34 DENSMORE STREET

013/20
1-11 JOSEPH STREET, 2-14 AND 2B RUTLAND STREET, 1-11,15 AND 1B RUTLAND STREET, 2-4 COOKE STREET AND 9-11 CHURCH STREET

014/20
1-19 AND 2-16 BROOKDALE STREET, 212-228 OLDHAM ROAD, 2-16 DOVEDALE STREET AND 4-8 BERESFORD STREET

015/20
151-165 MINOR STREET, 54-66 WESLEY STREET, 4-18 NORMAN STREET, 2-34 WESLEY STREET, AND 103-133 MINOR STREET

016/20
15 AND 16 GAIL CLOSE AND 73 AND 84 ASHWORTH STREET

017/20
75-105 WESLEY STREET, 740-770 OLDHAM ROAD, 1 NORMAN STREET, 2 MERSEY ROAD NORTH, 55-73 WESLEY STREET AND 712-738 OLDHAM ROAD

018/20
1-25 OLD ROAD, 1-25 LANCASTER AVENUE, 6-38 ALDRED STREET, 1-35 ASH STREET, 1-9,1A OLIVE STREET AND 339-353 OLDHAM ROAD

019/20
10 AND 12 SHROPSHIRE ROAD, 27 AND 29 NOTTINGHAM DRIVE, 1-17 AND 25 BEECH STREET, 2-26 ASH STREET, 34-38 LEICESTER ROAD AND 80-96 OLD ROAD

020/20
3-41 CO-OPERATION STREET, 50A-72 WRIGLEY HEAD, 1-45 EVENING STREET AND 565-577 OLDHAM ROAD

021/20
167-181 MINOR STREET, 3-17 NORMAN STREET, 8-22 MERSEY ROAD NORTH AND 82-96 WESLEY STREET

035/20
1-21 ROBERT STREET, 2-6 SHEPLEY STREET, 85-101 MINOR STREET AND 654-678 OLDHAM ROAD

074/20
730-744 HOLLINS ROAD, 1-11 AND 15-27 JENNY STREET, 196-208A CHAPEL ROAD AND 127-159 CHAPEL ROAD

075/20
1-27 LYNTON AVENUE, 171-207 CHAPEL ROAD, 672-698 HOLLINS ROAD, 1-27 MILFORD AVENUE AND 706-710 HOLLINS ROAD

076/20
2-32 AND 46-54 JENNY STREET, 148-158 AND 180-190 CHAPEL ROAD, 1-11 AND 15-41 INCLINE ROAD, 2-12 SCHOOL ROAD, 776-826 HOLLINS ROAD AND 2-20 MARGARET STREET

078/20
4-38 FOREST STREET, 1-13 HATHERSHAW LANE, 1-13 IRIS STREET, 8 BELLFIELD AVENUE, 1-45 FOREST STREET, AND 462-488 ASHTON ROAD

079/20
186 AND 194 HOLLINS ROAD, 2 HALLIWELL AVENUE, AND 24 HEMLOCK AVENUE

086/20
1-41 BRIERLEY STREET, 31-55 CROFTON STREET AND ST PAUL'S BOWLING CLUB

087/20
5 TYDDEN STREET, 19-33 HOLLINS ROAD, 2-8 DENBIGH STREET AND 368 AND 388-392 ASHTON ROAD

088/20
170-196 COPSTER HILL ROAD, 170 AND 172 GAINSBOROUGH AVENUE AND 1-12 CHEVIOT COURT

089/20
15-35 HATHERSHAW LANE, 1 LYNMOUTH AVENUE, 2 IRIS STREET, 18-56 NEILD STREET, 1-9 KENT STREET AND 242-248 ASHTON ROAD

093/20
43-77 INCLINE ROAD, 14-22 SCHOOL ROAD, 1-21 MARGARET STREET AND 34-42 JENNY STREET

094/20
1-45 AND 2-28 ETHEL STREET, 394-444 ASHTON ROAD, 14-34 ALTON STREET & 35-63 HOLLINS ROAD

095/20
12-68 HATHERSHAW LANE,1-47 ALTON STREET, 65 AND 67 HOLLINS ROAD

096/20
105 AND 107 WILDBROOK CRESCENT, 5-11 MCDONOUGH CLOSE, 19 MCKIE CLOSE AND 86 AND 88 KESWICK AVENUE

099/20
664-670 HOLLINS ROAD, 2-26 CLOVELLY AVENUE, 2-6 MILFORD AVENUE, 2-12 LYNTON AVENUE AND 1-11 CLOVELLY AVENUE

103/20
72-98 LANGHAM ROAD AND 71-101 BURLINGTON AVENUE

107/20
1-43 HARPER STREET, 29-71 UPLAND ROAD AND 12-32 MANLEY ROAD

108/20
1-7 MANLEY ROAD, 300-308 LEE STREET, 2-22 CAMBERWELL STREET AND 9 CLAY STREET

118/20
303-325 FREDERICK STREET, 24-42 ETON AVENUE, 37 AND 39 KEBLE AVENUE, 2-50 GRENDON AVENUE, 1-51 COLLEGE ROAD, 259-273 FREDERICK STREET AND 260 AND 262 WINDSOR ROAD

120/20
25-45 CHEVIOT AVENUE, 248-276 COPSTER HILL ROAD, 47-57 CHEVIOT AVENUE, 282-300 COPSTERHILL ROAD AND 202-208 HOLLINS ROAD

121/20
1-47 CLYDESDALE STREET, 132-168 AND 198-232 COPSTER HILL ROAD, 1-23 CHEVIOT AVENUE AND 308 WINDSOR ROAD

122/20
327-333, 349 AND 351 FREDERICK STREET, 44-62 ETON AVENUE, 2-6 THORNCLIFF AVENUE, 48-54 CHEVIOT AVENUE AND 3-5 FALCONS VIEW

124/20
17-57 GAINSBOROUGH AVENUE, 24-58 BURLINGTON AVENUE AND 161-171 CHAMBER ROAD

127/20
84-120 BURLINGTON AVENUE, 83-131 GAINSBOROUGH AVENUE, 247-291 WINDSOR ROAD AND 80-134 GAINSBOROUGH AVENUE

131/20
34-60 MANLEY ROAD, 1-29 SHERATON ROAD, 1-39 LUNE STREET, 32-68 COPSTER HILL ROAD, 86-120 COPSTER HILL ROAD AND 41-77 LUNE STREET

132/20
7, 14, 16 AND 28 CASHGATE COURT

134/20
6-10 FARM ROAD, 35-45 LIME GREEN ROAD AND 183-193 LOWER LIME ROAD

135/20
549-587 HOLLINS ROAD, 8-36 MOORCROFT STREET, 721-725 HOLLINS ROAD, 1-15 BURDER STREET AND 13-19 SIDE STREET

137/20
2-28 MONTGOMERY STREET, 9-15 WITHINS ROAD, 839-851 HOLLINS ROAD, 2-14 WITHINS ROAD, 1-13 HAWTHORN ROAD, 853-863 HOLLINS ROAD AND BEULAH COMMUNITY CHURCH

138/20
2-42 CARNARVON STREET, 1-35 MONTGOMERY STREET, 2-36 KNOWL STREET, 1-35 CARNARVON STREET, 823-837 HOLLINS ROAD AND 813-821 HOLLINS ROAD

139/20
2-34 CUMMINGS STREET, 1-31 AND 2-32 RANDOLPH STREET AND 641-671 HOLLINS ROAD

147/20
2-20 WELLINGTON STREET, 15-19 WILLIAM STREET, 10-32 DERBY STREET AND 12-14 AND 18-22 WICKENTREE LANE

157/20
4-46 ARGUS STREET, 1-35 KNOWL STREET, 1-53 ARGUS STREET, 2-54 COUNTY STREET, 3-57 COUNTY STREET AND 14-18 FOX PARK ROAD

172/20
2-32 KEBLE AVENUE, 284-290 WINDSOR ROAD, 1-27 GARTHWAITE AVENUE, 5 AND 7 KEBLE AVENUE, 5-13 MILLER ROAD AND 8-16 ORIEL AVENUE

173/20
17-39 ORIEL AVENUE, 17-29 ETON AVENUE, 1 AND 3 THORNCLIFF AVENUE AND 22-46 CHEVIOT AVENUE

205/20
60-82 BURLINGTON AVENUE, 59-79 GAINSBOROUGH AVENUE, 6 FROST STREET, 175-213 WINDSOR ROAD AND 2-54 GAINSBOROUGH AVENUE

212/20
1-33 VESPER STREET

213/20
30-72 AND 19-57 GRAFTON STREET AND MINISTRY, CHEETHAM STREET

214/20
19-53 MAIN STREET, 1-23 CLAREMONT STREET, 4-20 AND 40 POLE LANE, 1-9 FLORENCE STREET, 14-26 HOBSON STREET AND 18-22 ALBERT STREET

215/20
2-22 KING STREET, 12-24 POPLAR STREET, 6-26 VICTORIA STREET, 13-19 ALBERT STREET WEST AND CHARLES HOUSE

216/20
9-19 PRINCESS STREET, 344-348 OLDHAM ROAD, 2-38 HARDMAN STREET, 1-51 HULTON STREET AND 1-19 HARDMAN STREET

217/20
2-32 GREEN LANE, 371-399 HOLLINS ROAD AND 1-21 TROUGH GATE

218/20
50-68 INCLINE ROAD, 2-20 FARRAND ROAD AND 2-20 LONSDALE ROAD

219/20
20 AND 22 SEVERN ROAD, 17,19 AND 51 FOXFIELD DRIVE, 16,19 AND 21 THORNLEA AVENUE AND 457 AND 459 ROMAN ROAD

220/20
50-60 MOORCROFT STREET AND 589-603 HOLLINS ROAD

225/20
642-652 OLDHAM ROAD, 2-22 ROBERT STREET, 5-21 DUKE STREET AND 73-83 MINOR 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.