Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendations:

1. That Cabinet approve the designation of the new Public Space Protection Order, set out at Appendix 2, in the Fitzwilliam Road area.

Consideration was given to the report which explained that since 2019, a Public Space Protection Order (PSPO) had been in force in the Fitzwilliam Road area of Rotherham. This was due to expire in June 2022 as the maximum duration of PSPO’s was 3 years. The report detailed a review of the existing PSPO, the outcomes of the targeted public consultation on renewing the Order along with the recommendations to review the Order. It was also recommended that a new condition relating to bins on the street be included in the renewed Order.

From 25th April to 15th May, 2022 a public and stakeholder consultation process had been carried out. This included:

-         Key partners and stakeholder letters issued to South Yorkshire Police, South Yorkshire Fire and Rescue, Local Voluntary and Third Sector Groups and Ward Councillors

-         A public consultation on the website with social media sign posting and links

-         Engagement with local residents who have English as a second language at Clifton Learning Partnership with translation support

The effectiveness of the current Order was explained in paragraph 2.1 of the report. Since 1st January, 2018, there had been 1,020 Anti-Social Behaviour (ASB) incidents in the Fitzwilliam-Eastwood PSPO area, showing an average of 20 incidents per month. The impact of Covid-19 was taken into account when assessing this data. Since 1st January, 2018, the Council’s Community Protection Unit received 645 reported complaints regarding wheelie bins. Of these complaints, which related to various issues of contamination, abandonment or bins being left on the street, 165 (26%) had been received in the Fitzwilliam Road Area. The street scene in the area, anecdotally from residents, Councillors, partners and officers, was suffering as a consequence. The failure to responsibly manage waste and waste receptacles was a known contributor to pests, alongside contributing to waste accumulation and fly-tipping issues.

The Order was jointly enforced by authorised officers from the Council’s Regulation and Enforcement Service and South Yorkshire Police staff. Since June 2019, 64 Fixed Penalty Notices (FPNs) had been issued in the locality to individuals breaching the Order. 65% of FPNs had been issued in relation to the consumption of alcohol. In addition, informal enforcement had been applied at officers’ discretion on occasion which did not generate a penalty, however, did resolve the immediate issue or breach. Throughout the 3 years in which the PSPO had been in place, there had been around 600 reported incidents of anti-social behaviour and just over 60 Fixed Penalty Notices issued, showing a rate of around 10%.

Appendix 2 to the report was the draft new Order. Section 6 of the Order related to bins and stated that a bin must not be situated outside the boundary of the property other than between 6.00 p.m. on the day before collection was due and 9.00 p.m. on the day of collection unless the bin was in an identifiable bin storage area of yard for the bins on that property.

It was also confirmed that the missing sentence on page 181 of the agenda pack should read: “The condition for taking bins off the street is only relevant after the actual collection of waste, where the waste is presented correctly. Enforcement will be planned in such a way as to educate and work with residents prior to formal enforcement action being taken.“

Resolved:-

1.    That Cabinet approve the designation of the new Public Space Protection Order, set out at Appendix 2, in the Fitzwilliam Road area.