BOROUGH OF POOLE

ENVIRONMENT OVERVIEW GROUP

6 SEPTEMBER 2007

The Meeting commenced at 7pm and concluded at 8:02pm.

Present:

Councillor Gregory (Chairman)

Councillor Wilkins (Vice-Chairman)

Councillors Adams, Collier, Eades, Mrs Haines, Mrs Moore, Trent, Mrs Walton and Miss Wilson

EOG22.07APOLOGIES FOR ABSENCE

No apologies for absence were received.

EOG23.07MINUTES

The Minutes of the Meeting held on 3 September 2007 were submitted for approval.

RESOLVED that the Minutes of the Meeting held on 3 September 2007 be approved as a correct record and signed by the Chairman.

EOG24.07DECLARATIONS OF INTEREST

Councillor Miss Wilson declared a personal interest in M.EOG26.07 as a member of the Dorset Police Authority.

EOG25.07SUCH OTHER BUSINESS, AS IN THE OPINION OF THE CHAIRMAN, IS OF SUFFICIENT URGENCY TO WARRANT CONSIDERATION

There were no items of urgent business.

EOG26.07DELEGATION OF AN ADDITIONAL ENFORCEMENT FUNCTION FOR ENVIRONMENT AND CONSUMER PROTECTION SERVICES

The Head of Environmental and Consumer Protection Services submitted a report on new Enforcement duties that were available to Officers in Environmental and Consumer Protection Services and sought approval to carry out such duties under the Council’s Scheme of Delegation.

He stated that Section 40 of the Anti-Social Behaviour Act 2003 gave Environmental Health Officers the power to close premises with a Premises Licence or a Temporary Event Notice for up to 24 hours if they were satisfied that a public nuisance was being caused by noise coming from the premises and the closure of the premises was necessary to prevent that nuisance.

This section came into force on 31 March 2004. Officers working out of hours felt that in certain circumstances use of this power, or even merely the threat of its use, would enable them to deal quickly with situations which might be difficult to deal with under their existing powers.

Currently Officers had no powers to close a premises, their powers were limited to service of a Noise Abatement Notice on the person responsible for the noise under the Environmental Protection Act 1990. Should noise continue after the service of the Notice then a prosecution could be taken through the Courts and on conviction the person would be liable to a fine not exceeding £20,000. However, this did not abate the nuisance at the time of its occurrence or provide immediate protection or reassurance to those who suffered detriment caused by it.

RECOMMENDED that the Portfolio Holder be asked to approve the delegation of powers to Officers of Environmental and Consumer Protection Services to enforce Section 40 of the Anti-Social Behaviour Act 2003.

For:Unanimous (Councillor Trent was not present for the vote on this item).

EOG27.07WASTE STRATEGY WORKING GROUP

The Head of Environmental and Consumer Protection Services reported that the current Waste Strategy for the Borough of Poole had been agreed by Council on 30 July 2002. This Strategy was for five years and a review was now due. Performance of the existing Strategy would be reviewed by the Service Provision Scrutiny Committee on 13 September 2007 and the outcome and recommendations of this process would inform the review.

The review of the Council’s existing Strategy would also be informed by the timely publication of the Waste Strategy for England 2007 published by DEFRA on 24 May 2007. It was suggested the review of the Strategy needed to begin in October, to allow adequate time for research and public consultation. The review of the Strategy would then return to the Environment Overview Group in June 2008 and then be ratified by Council so that it could be published prior to July 2008.

The Chairman stated that the Working Group reviewing the Waste Strategy would be politically balanced with the Portfolio Holder attending as an observer.

A Member felt that the inclusion of the Portfolio Holder on the Working Group was inappropriate.

AGREED that a five Member, politically balanced, Working Group to include the Portfolio holder, as an observer, be established to work with Officers to formulate the Borough’s Waste Strategy 2007 to 2012 and that Group Leaders be requested to make nominations to this Working Group.

For:Councillors Adams, Collier, Gregory, Mrs Haines, Mrs Moore, Trent, Mrs Walton and Wilkins

Against:Councillor Eades

Abstained:Councillor Miss Wilson

EOG28.07GRAZING POLICY

The Head of Leisure Services submitted a report on the Council’s policy on grazing animals on Public Spaces in Poole.

Part of Poole’s community had historically grazed ponies and horses in public places. Some of these areas were grazed before they were public land, when more land had been in private ownership in Poole. In recent years, as Poole had become more developed, this had become difficult to continue and had generated complaints from other local people, who had expressed concerns about horse welfare or felt that the general use of public open space was inhibited by the presence of horses.

Approximately 5 years ago the Council entered into discussions with local people to try to agree sites where grazing would be authorised. Various land options had been explored but these discussions were not successful and the Council had engaged a specialist company to enforce the removal of unauthorised grazing animals from open spaces.

The Environment Overview Group on 1 February 2007 had recommended that the Council join the Dorset Urban Heath Grazing Partnership which would enable the Borough to graze areas of heathland in a planned and co-ordinated way to ensure that the biodiversity value of this important wildlife habitat was protected. It was emphasised that this would greatly assist the Council in terms of management of Open Spaces and would generate external funding for this purpose.

The Council’s policy for grazing on Open Spaces would be to:

  • permit grazing as part of the Dorset Urban Heath Grazing Partnership where grazing was the appropriate land management tool;
  • not to issue permission or manage any other grazing outside of this partnership; and
  • remove any unauthorised livestock from open spaces, i.e., Borough of Poole owned land and roadside verges.

The Head of Leisure Services stated that the Council had been approached by some local people who wished to graze horses on open space and permission had been granted for a limited six week period in May 2007 for animal welfare reasons, due to exceptionally dry weather and a shortage of grass. This permission had now ceased.

A Member was concerned that permission had been granted to local people in May 2007 to graze horses on open space for animal welfare reasons and felt that the Council had gone so far with regard to enforcement and the removal of unauthorised grazing animals from open spaces but it was now felt permissions was a retrograde step.

The Head of Leisure Services emphasised that this new policy would be an improvement. The purpose of the Policy was to make things crystal clear for everyone and that only the Dorset Urban Heath Grazing Partnership would be allowed to issue licences. Any other grazing would be strictly enforced. It was also emphasised that in urban areas it was essential to have alternative areas of land available for grazing if these were needed.

RECOMMENDED that

(i)Cabinet be asked to adopt the Open Spaces Grazing Policy;

(ii)The Head of Leisure Services be asked to write to the Dorset Urban Heath Grazing Partnership to communicate to it that local people have expressed a strong interest in grazing horses.

For:Councillors Adams, Collier, Mrs Haines, Gregory, Mrs Moore, Trent, Mrs Walton and Wilkins

Against: Councillor Miss Wilson

Abstained: Councillor Eades

EOG29.07BOROUGH PARKS FRIENDS GROUPS

The Head of Leisure Services submitted a report on new arrangements for supporting Friends Groups in the Borough.

The Meeting was advised that in the Open Spaces Strategy adopted by the Council in 2004, the Planning classification for open space provision outlined a category of ‘District Parks’. It was now suggested that these parks be called “Borough Parks”, as this was more self explanatory to the public and Friends Groups.

There were four Borough Parks within Poole: Upton Country Park, Poole Park, Hamworthy Park and Harbourside Park. Currently three of the four Borough Parks had an active Friends Group (Upton Country Park, Poole Park and Hamworthy Park). These Groups had been an invaluable addition to the running of Open Space in terms of effective management of Open Spaces and the Council’s objective to strengthen Communities and it was vital that the Council supported and worked with these important Groups.

Whilst it was recognised that there was no strict National model for Park Friends Groups there were some principles which ensured that Groups were as effective as possible as demonstrated by some of the good practice already in the Borough. However, at present the Borough Friends Groups received differing levels of time commitment and support from Officers and Councillors and it was therefore suggested that a framework was adopted to ensure that all Groups were as fully supported as resources allowed and as effective as possible. The suggested framework for Borough Parks Friends Groups would include the following:

  • It was proposed that all Borough Park Friends Groups were registered Charities
  • It was proposed that all Borough Park Friends Groups had a formal constitution which should be accepted by the Council (the Head of Leisure Services in consultation with the Head of Legal and Democratic Services and Head of Financial Services)
  • It was proposed that all Borough Park Friends Groups had an annual subscription for membership
  • It was proposed that all Borough Park Friends Groups had a Committee selected from its membership
  • It was proposed that no Officers or Members of the Borough of Poole should be on the Committee of Borough Park Friends Groups
  • It was proposed that all Borough Park Friends Groups submit annual accounts to the Council
  • It was proposed to standardise communication channels with all Borough Park Friends Groups
  • It was proposed to standardise liaison meetings with all Borough Park Friends Groups

Finally, the Head of Leisure Services stated that, currently the majority of meetings of these Groups were not supported whereas Liaison Fora called by the Council had received support by Legal and Democratic Services. Legal and Democratic Services had indicated that they did not support any other outside Organisation in this way and this issue was currently being reviewed, in the light of the Unit’s core activities and its resources.

In response to a question on whether Councillors would be nominated to Friends Groups, the Head of Leisure Services responded by stating that Members’ involvement was essential. Friends Groups should be independent and that Councillors would in future only attend meetings as observers. He stated that three Groups had been consulted and in the main, there had been strong support for the proposals but also some concerns. It was felt that these could be worked through successfully.

Members felt that there should be a consistent approach with regard to supporting Friends Groups and it was felt that Legal and Democratic Services should concentrate on the Council’s core activities.

RECOMMENDED that Cabinet be asked to:

(i)adopt the name of “Borough Parks” in place of “District Parks” in the Open Spaces Strategy;

(ii)adopt the framework proposals for Friends Groups as laid out in the report by the Head of Leisure Services;

(iii)support Park Liaison Fora for any Borough Parks with a Friends Group.

For:Unanimous

EOG30.07HAMWORTHY OUTDOOR EDUCATION CENTRE

The Head of Leisure Services reminded the Meeting that approval had been given to the seeking of a Partner to progress the development of Poole’s Outdoor Education Provision. The timetable for improving Poole’s Outdoor Education Provision had now been revised and details of this were attached to his Report. The advertisement inviting expressions of interest had been published and an outline Brief for interested organisations had been prepared. The key element to the timetable was the frequency and timing of a Member Working Group. Nominations were requested for the membership of this Group.

AGREED that

(i)the revised timetable be noted; and

(ii)Group Leaders be asked to nominate 5 Members and the Portfolio Holder as an observer (3 Conservative and 2 Liberal Democrats) to a Working Party.

For:Councillors Adams, Collier, Gregory, Mrs Haines, Mrs Moore, Trent, Mrs Walton, Wilkins and Miss Wilson

Abstained:Councillor Eades.

EOG31.07PLANNING OBLIGATIONS (RECREATIONAL CONTRIBUTIONS) SUB GROUP RECOMMENDATIONS

The Head of Legal and Democratic Services submitted a report with details of the Schemes discussed by the Meeting of the Planning Obligations (Recreational Contributions) Sub Group on 23 August 2007:

(a)the design of the Open Spaces within the West Quays Town Centre Regeneration Area at Poole Bridge/Barbers Piles, the Old Burial Ground at Hunger Hill and St James’ Churchyard;

(b)Pinecliff Gardens Wildlife Play Structure Trail;

(c)Playground Enhancement Programme: Branksome Recreation Ground and Foreland Road, Turlin Moor;

(d)New climbing wall at Branksome Recreation Ground;

(e)Provision of an extension to a new footpath and associated interpretation panels and waymarking around the Open Space at Turlin Moor;

(f)Trinidad Multi Use Games Area and possible Play Facilities: Feasibility Study; and

(g)Sterte Esplanade Feasibility Study

Members felt that it would be useful in future to obtain a copy of the Minutes of the Planning Obligations (Recreational Contributions) Sub Group before attending meetings of the Environment Overview Group and the Head of Legal and Democratic Services undertook to distribute these by email.

A Member stated that with regard to the provision of a new climbing wall at Branksome Recreation Ground it was essential that careful siting of this facility was considered.

AGREED that the Report by the Head of Legal and Democratic Services be noted.

For:Unanimous

CHAIRMAN

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