PLEASE NOTE THAT THIS IS NOT A TEMPLATE, BUT IT DOES PROVIDE ADVICE AND CAN BE USED AS A BASIS OF A REPORT TO YOUR TOWN/PARISH COUNCIL MEETING.

The Report should be to the full Town/Parish Council

Date of meeting of the full Town/Parish Council

Title of Report

Summary of report

  • This report relates to a proposed dog control order to [insert what the DCO refers to]
  • A copy of the proposed Order(s) and accompanying plans should be attached.

Background

  • As an audit trail the report should refer back to the meeting when it was decided to consider making a DCO, briefly setting out reason behind the decision
  • Attach a copy of the Notice of Intention to make a DCO, stating which paper it was published in and where it was publicised
  • Give details of any other consultees written to

The following documents provide the relevant laws and guidance as to the making of a DCO.

Part 6, Clean Neighbourhoods and Environment Act 2005

Dog Control Orders (Procedures) Regulations 2006

Dog Control Orders (Prescribed Offences and Penalties etc) Regulations 2006

Defra Guidance on Dog Control Orders

Particular note should be paid to the Defra guidance, namely:

“It is important for any authority considering a Dog Control Order to be able to show that this is a necessary and proportionate response to problems caused by the activities of dogs and those in charge of them. The authority needs to balance the interests of those in charge of dogs against the interests of those affected by the activities of dogs, bearing in mind the need for people, in particular children, to have access to dog-free areas and areas where dogs are kept under strict control, and the need for those in charge of dogs to have access to areas where they can exercise their dogs without undue restrictions. A failure to give due consideration to these factors could make any subsequent Dog Control Order vulnerable to challenge in the Courts.

Authorities should also consider how easy a Dog Control Order would be to enforce, since failure to properly enforce could undermine the effect of an Order”

Decision and Supporting Information (including options)

There are numerous issues that have to be considered in deciding whether the Proposed Dog Control Order is made. These include the following:

The nature and extent of the land subject to the Proposed Dog Control Order:-

The [ title ] Order 2012 relates to [description of land ], a plan identifying the land is attached to the draft order at Appendix .

[describe land ]

There are rights of way OR There are no public rights of way across the site. Once opened the area will become open access but will have no designated right of way.

Health and Safety

  • Comment on any Health and safety issues that have been taken into consideration and the reasons why

Economic Issues

  • Comment on any economic issues that have been taken into consideration and the reasons why

Conservation Issues

  • Comment on any conservation issues that have been taken into consideration and the reasons why

Resource and Enforcement Issues

In order to ensure that the DCOs can be enforced, staff will be required to undertake DEFRA approved training in enforcement issues. Cornwall Council is able to offer this approved training to either staff or contractors employed or engaged by Town & Parish Councils. [Not to be included as part of the report but please note early contact with Cornwall Councils point of contact for this training, Phil Browning, 01726 223519, is advised as courses are arranged on an as required basis]

Consultation

The Dog Control Orders (Procedures) Regulations 2006 require that before making a DCO, an Authority must:

(a)consult upon its proposal to make the order by publishing a notice of that proposal in a local newspaper circulating in the area in which the land in respect of which the order would apply is situated;

(b)consult every other Authority having power under section 55 of the Act to make a dog control order in respect of all or part of the land in respect of which the proposed order would apply; and

(c)where all or part of the land in respect of which the proposed order would apply is access land, consult—

(i)the access authority for that access land, and

(ii)the local access forum for that access land,

and, in respect of any of that access land that is not situated in a National Park, the Countryside Agency.

An appropriate Notice as to the Proposed DCO was published in the [name of newspaper ] on the [date]. A copy of the Notice is attached at Appendix [].

The Council considered it prudent to consult with [state anyone else consulted]

A copy of the consultation is attached at Appendix []. No response was received.

OR

Many responses were received. A summary of the comments can be found on the front sheets to which the responses have been attached. A total [ ] communications of support were received for the Proposed DCO and [ ] objections.

The most common supporting argument is …….

The Council published the Proposed DCO on its website and [list anywhere else it was publicised] and attach a copy

Matters that were taken by the Council when deciding to make an order

The Council should state as well as taking into consideration the responses to the consultation, other matters that it took into consideration when deciding whether or not to make the order

For example

  • Reducing crime and anti-social behaviour
  • Protecting a tourist attraction and therefore the local economy
  • Health and safety reasons
  • If the DCO is made, it will be a crime to [ description of offence]. This will allow authorised persons (including the Police) to issue Fixed Penalty Notices requiring the offend to pay a penalty within a certain period of time. If the penalty is not paid then the alleged
  • There is a risk of judicial review of the DCO (if made) on the basis that the Council acted unreasonably in making it. The risks of a successful challenge will be reduced if all relevant factors and guidance are properly considered before any decision is made. In this respect the consultation should not be underestimated. Furthermore, all legal procedures must be adhered to for the purpose of considering and implementing any DCO.

Action required if the Proposed Dog Control Order is made:

Should the Order be approved there is a further requirement that an advert be placed in a newspaper circulating in the area to advise that the Order has been made and giving the date it will come into force.

Once the date has been set by the Council for the Order coming into force adequate signage must be erected in the area concerned.