Minutes:
Councillor Jones introduced reports HCS/41 and HCS/41a of the Head of Community Services which reviewed the findings of the consultation and considered the options for implementing a Public Space Protection Order named ‘keep your dog on a lead in Tilgate Park’ which had been considered at the Overview and Scrutiny Commission meeting on 4 July 2022 and the Cabinet meeting on 6 July 2022. In presenting the item, it was explained that the Cabinet decision was not to endorse a recommendation and instead recommend that a full discussion took place at the Full Council meeting to enable the decision to be made with all options available. Councillor Jones commented that unfortunately, there had been issues within the park, and it was important to consider an option to restrict dogs where incidents had taken place or where activities occur (such as the golf course) to ensure the safety of both users and dogs. He emphasised that there was not a proposal for a complete ban on dogs within the park but a fair and reasonable approach, which offered a compromise. Whilst non-dog owners were the minority responding to the consultation, they were clearly the majority of those who use the park and the proposal needed to reflect all park users. It was important to acknowledge that the decision can be reviewed, and it would be important for this to be analysed. Councillor Jones then moved the technical amendment following legal advice, as detailed in Agenda 14 in the Supplementary Agenda together with the proposed ‘Option X’ as Agenda 15 in the Supplementary Agenda, which were both seconded by Councillor C Mullins.
The Mayor then invited Councillor Crow to address the Full Council. Councillor Crow moved and presented the Furnace Green & Maidenbower Councillors’ amendment, (as shown as ‘Option 3’ in the Supplementary Agenda Order Paper). In doing so, Councillor Crow commented that it was an important decision and one that should be taken seriously. The golf course perimeter paths and woodland areas were far from the course greens and there was concern regarding access from the Tilgate and Maidenbower areas. The paths were designated public rights of way and whilst it was acknowledged there were issues in the central area of Tilgate Park it was believed that option 3 was a more considered and proportionate alternative. It was added that the additional enforcement requirements for the golf course area may preclude that required for the main core area around the lake and lawn area. The amendment was seconded by Councillor McCarthy.
The Mayor then opened the debate on the report and the amendments. The following points were raised by councillors during the debate.
Councillor Lunnon supported the introduction of the PSPO but acknowledged any PSPO would be difficult for officers to enforce.
Councillor T Belben emphasised that the item was before Full Council following a resident’s petition. There had been many instances of dog-on-dog attacks, as well as on wildlife within Crawley’s parks, and there should be a response to these as well as the need to protect the public. Concern was raised about the other parks in Crawley and whether there would be a marked increase in dog walkers and attack incidents and it was hoped any occurrences would be logged.
Councillor Burgess commented that the majority of dog owners were responsible but any dog can have an ‘off day’. It is the owner’s responsibility to ensure the safety of their pet as well as those within the vicinity.
Councillor S Mullins supported the PSPO but noted that it was important to represent all people within the town. There were lots of other green spaces within the borough to walk dogs off-lead and the PSPO can be reviewed within 3 years to ensure it is operating, managed and enforced effectively.
Councillor Lanzer commented that there remains a large number of acres for dogs to be walked off-lead and there are measures that needed to be established in order to protect wildlife. Other parks such as Richmond have a complete ban during deer birthing season, but the decision for a complete ban was not thought to be fair and reasonable. It was commented that extending the PSPO to the golf course was hard to justify as this had not been subject to full public consultation.
At this point Councillor Lanzer then moved a further amendment, that the Council goes out to further consultation on the option including the maps that Full Council approves for the PSPO, (subject to an option being selected). Councillor Ali seconded this amendment.
Councillor Buck commented that the PSPO was necessary and the extension to include the golf course provides further protection for all.
Councillor McCarthy acknowledged that the PSPO was necessary, but that the advantage of option 3 was that it was a smaller area that would be impacted. Option X, with the addition of the golf course, would prove difficult to enforce and would only add to the potential to disperse the Community Wardens’ resources from the main lake and lawn area where the main instances would be occurring.
Councillor Irvine commented that a PSPO is a serious piece of legislation and a serious decision for the Council as it can potentially lead to an individual being fined or a criminal record given. It was important to ensure both the established area and decision were fit for purpose.
Councillor Ali noted there had been a good response to the consultation, and whilst it was felt there was a need for a PSPO, this needed to be fair and reasonable.
Councillor Jaggard recognised that this was an emotive subject. Upon entering Tilgate park a map shows the main areas of the park, which does not include the golf course, and it was felt these areas would be considered to be Tilgate Park by the public. Concerns were addressed with regards to access from Maidenbower and the perimeter paths to the golf course. There would be a requirement for signs to be placed after the decision to clearly indicate the areas affected (and not before). Option 3 had been proposed as a result of the evidence from the consultation. There was concern that individuals would move dog-walking to other parks within the town and thus increase the borough’s carbon footprint.