Issue - meetings

To give due consideration to the approval of a proposed Public Spaces Protection Order (PSPO) at The Spinney, Market Deeping Cemetery in South Kesteven with the requirement for people to always keep their dog on a fixed length lead whilst in the Spinney, Market Deeping Cemetery.

Purpose of the report

The approval of a proposed Public Spaces Protection Order (PSPO) at the Spinney, Market Deeping Cemetery in South Kesteven with the requirement for people to always keep their dog on a fixed length lead whilst in the Spinney, Market Deeping Cemetery.

Decision

That Cabinet:

1. Notes the results of the public consultation undertaken with regard to this Public Spaces Protection Order.

2. Approves the Public Spaces Protection Order for the Spinney, Market Deeping in the District of South Kesteven for up to a 3-year period, unless the Council extends or varies this Order.

3. Confirms that the maximum length of lead referred to in the Order should be 1 metre.

Alternative options considered and rejected

Cabinet could have agreed not to put the new Order in place; this would have restricted the ability to enforce against the matters covered by the proposed Order.

Cabinet could have determined that the legal test had not been met.

Reasons for the decision

The main purpose of this decision was to ensure that an effective mechanism was available to deal with issues detailed in the Order.

Due to an administrative oversight, the original Market Deeping PSPO had not been extended. A four-week public consultation on this Order was undertaken between 31 July and 28 August 2024.  33 responses were received. Of these, 25 supported the proposal to reinstate a PSPO requiring people to always keep their dog on a fixed length lead whilst in the Spinney, Market Deeping Cemetery. 21 people did not think the implementation of the PSPO would have a negative impact on them.

It was decided that the length of lead referred to in the Order was 1 metre as this would enable the owner to keep their dog(s) off the internment area.

The following points were highlighted during debate:

• The Spinney was part of the cemetery practically, but not legally. The Spinney contained a wooded area that had been carefully underplanted and was used for the scattering of ashes. There was a natural walkthrough from the Spinney to open land.
• If a dog lead was over 1.8 metres in length then the dog could legally be classed as ‘free-roaming’.
• Within the Order itself, it was a requirement to ‘keep the dog on a lead of not more than 1 metre in length unless (a) he or she has reasonable excuse for failing to do so; or (b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.