Review of the Public Spaces Protection Order (PSPO) in Speen Lodge Court (2023)
Have your say
Consultation status ArchivedActivity closed. Results published.
Background
Public Spaces Protection Orders (PSPOs) were introduced in October 2014 as part of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) replacing powers to make Gating Orders, Designated Public Place Orders (street drinking restriction powers), and Dog Control Orders. Any Gating Orders that were in place at that time would automatically become PSPOs from 20 October 2017.
PSPOs allow local authorities to place restrictions and requirements on certain behaviours in an area, to make sure we can all use and enjoy public spaces, safe from anti-social behaviour. They can be used to protect the public from behaviour that is having, or is likely to have, a detrimental effect on the quality of life of those in the area. The behaviour must be ongoing or happening regularly and be unreasonable. PSPOs can last for up to three years, but can be extended, varied or discharged during this period.
Failure to comply with a PSPO without a reasonable excuse is a criminal offence and could result in a Fixed Penalty Notice of up to £100, or a fine of up to £1,000 if prosecuted.
In 2008 a Gating Order was put in place in the area of Speen Lodge Court. The public right of way over the footway from Speen Lodge Court to the A4 Bath Road was restricted through the installation of a gate. In 2010 the Gating Order was varied to allow non-residents of Speen Lodge Court to apply for a key giving them access to the restricted area via the gate.
The Gating Order was in place until October 2017 when, under the transitional arrangements, the existing Gating Order automatically converted to a PSPO. The PSPO remained in place for a further three years. Between August and October 2020, a review and public consultation was undertaken, and the PSPO was extended for a further three years. This existing PSPO is due to expire in October 2023, and under the Act, we need to review it again to see whether the restriction is still required.
What restrictions are in place?
Under the Public Spaces Protection Order (PSPO) in the area of Speen Lodge Court access via the footway is restricted.
"No person shall use the public right of way over the highway within the restricted area at any time unless you are included within a category of person..."
The restriction does not apply to any person who lives in Speen Lodge Court or any police, ambulance or fire service personnel acting in pursuance of statutory powers or duties or any statutory undertakers, gas, electricity, water or communications provider or the highway authority requiring access to their apparatus situated in the highway. These persons have a key to give them access via the gate.
The restriction does not apply to non-residents of Speen Lodge Court who have been granted a key. Application is made via the Building Communities Team who then consult with Legal and Environment Officers. Those assessed as being eligible to use the public right of way within the restricted area, have received a key for this purpose. 14 non-residents of Speen Lodge Court have been granted a key.
The alternative route for pedestrians is via A4 Bath Road, the Old Bath Road, Speen Lane and Pound Lane. The walking distance via the alternative route is 0.7km (approximately 8-minute walking time).
You can view a map of the restricted area and the alternative route here [616KB]
Responsibility for the maintenance and operation of the gate lies with West Berkshire Council at Market Street, Newbury, RG14 5LD.
What are the options?
Under the Act a PSPO may be discharged, extended, or varied. The options for Speen Lodge Court are:
Option 1: The PSPO is discharged - the PSPO ceases to exist after 21 October 2023. Access via the footway will be open to everyone, and the self-locking gate will be removed.
Option 2: The PSPO is extended - the PSPO continues as it is now, for a further three years.
It is not a viable option for the PSPO to be varied, as it is a restricted area that cannot be increased or decreased, and the condition cannot be altered.
You can view the
Draft Discharge Order [11KB] and the
Draft Extension Order [12KB] online.
Why we want your views
We want to know your views on the PSPO in the area of Speen Lodge Court; in particular, whether you think it should be discharged or extended.
How to take part
If you'd like to take part, please complete our survey by midnight on Friday, 18 August 2023. It should take about 5-10 minutes.
If you have any questions about the PSPO, please email our Building Communities Team at WestberksBCT@westberks.gov.uk or call 01635 551111.
What happens next
The findings of the consultation will be reported to the Building Communities Together Partnership for consideration. It is expected that the final decision will be made by Delegated Officer Decision in early October 2023.
A summary of the responses received, and the decision will be published on this page.
What you told us
- 53.33% of respondents answered ‘YES’ to the question ‘Would you support the PSPO being discharged?’. 44% answered ‘No’.
- 44.59% of respondents who answered the question supported the proposal to extend the PSPO for a further three years. 52.7% of respondents did not support the proposal for the PSPO to be extended.
What we did
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