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Yateholme area PSPO Number 1 of 2021
- Yateholme area PSPO Number 1 - Draft Order
- Yateholme area PSPO Number 1 - Notice
- Yateholme area PSPO Number 1 - Statement of Reasons
- Yateholme area PSPO Number 1 - Plan
The proposed order is in response to reports of anti-social behaviour related to recreational vehicle use and to illegal deposition of waste.
There was a public consultation exercise online from 29th April 2021 to 24th May 2021 to ensure that all interested parties were able to comment. Those comments have been considered, and the order modified as a result. There was a broad similarity in the responses, summarised below:
Why the order only provides restrictions on recreational vehicles (also referred to as 4x4s) and is not a full Traffic Regulation Order (TRO) banning all vehicles
The routes are legally accessible by all vehicle types since the routes are categorised as both byway open to all traffic (BOAT), and public highways. The orders are not intended to deliver a ban on use of any vehicle type, but to address the issues caused by some, such as off route activity causing damage, and illegal deposition of waste known as fly tipping.
Why we have decided that GLASS will be involved in the management of the scheme to allow limited numbers of users in recreational vehicle at restricted times
The council took external legal advice to ensure that this approach was legitimate and possible for a highway authority, and the advice returned that it was. However, the decision has been taken to bring this management in house. Details of the booking system will be made available nearer the time of the order going live.
Why we did not initially make the full information available online, and have not withdrawn the order
There was a technical glitch that meant the full information was not available for some of the period of the consultation. Once this was recognised the order was re-advertised in the press and the full information was online, with the consultation period extended to ensure the full 21 days was available to comment.
Who is excluded from using the routes and what is allowed
Recreational vehicles such as land rovers are excluded by the PSPO. This is to limit numbers. Other vehicles are permitted to have access. Other types, such as quads, and motorbike and side car combinations are not excluded. The order will be reviewed on a six-monthly basis with impact and effectiveness being considered. Pedestrians, motorcycles, horses, horse and carriages are not excluded (Note: this is not an exhaustive list).
What you should if you are a legitimate user and another party attempts to access the route while you have the barrier open
If somebody attempts to access the route whilst you have the barrier open, remind them (if possible) that they are committing an offence, then lock the gates as you would normally do and call the Police. They will then advise on what action to take next.
Why we only show the routes and the points of access
The council has control of those areas. If somebody leaves that route they are then committing an offence, and any further damage or unauthorised access is a matter of criminal damage (if damage is caused) and trespass and is matter for the landowner and the Police.
What the council will do for the other unsealed routes in the district
The impact of the restrictions being proposed on the Yateholme area will be monitored. Consideration will be given to a policy on the management of these routes to ensure sustainability and provide as wide an opportunity for access to all.
How the requirements of the order apply to MOT-exempt vehicles
As long as your vehicle is road legal then you are able to apply for access via the council.
What to do if you wish to access the route for specific purposes that would breach the proposed restrictions
If you have a specific query on access then contact the council to discuss this. We will endeavour to meet all reasonable requests.
Fines for breaching a dog control PSPO
- Fixed penalty notice of £150.00
- Failure to pay the fixed penalty notice may lead to prosecution
- Maximum fine is £1000 from the Magistrate's Court
Dog fouling orders
You must immediately remove dog foul from any land that the public have access to (except for marshland, woodland and moorland).
You can dispose of dog dirt in council litter bins, provided you have put it in a bag first.
Dog lead orders
Dogs have to be on a lead:
- on Kirklees maintained road and pavements
- in car parks
- on bowling greens
- on allotments
- in cemeteries and crematoria
- on sports grounds when sports activities are taking place
- at Castle Hill between 1 March and 31 July (because of ground nesting birds)
Dogs can be exercised off the lead in parks and open spaces in Kirklees, though some are designated "Dogs on Lead by Request".
For instance if there is an event happening, or if your dog is being a nuisance or a danger, an authorised official can ask you to put your dog on a lead.
The lead must be not more than 2 metres and the dog should be under control.
Dog exclusion area orders
Dogs are excluded from certain fenced areas such as children's play areas, paddling pools, multi-use games areas (MUGAs), skate parks, tennis and ball courts.