Decision details

A report was taken to Cabinet on 27 July 2021 recommending that “Cabinet approves the introduction of a Public Spaces Protection Order in relation to bins on streets at the specified areas within the report with the revised times following public consultation feedback.”
The report was item 12 on the agenda. It included a copy of the proposed Public Spaces Protection Order (PSPO) as Appendix D to the report.

The report set out at paragraph 2.1 that a local authority may make a public spaces protection order if satisfied on reasonable grounds that;

(1) activities carried on in a public place within the authority's area have had, or will have, a detrimental effect on the quality of life of those in the locality, and

(2) the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the notice.

The report confirmed at paragraph 1.9 that Environmental Protection has received 37 complaints over the last four years about bins being left between collections in certain streets in Coalville and these were causing obstructions to the pavement. Officers from Environmental Protection have also observed and have confirmed that bins are left out on a regular basis in these areas.

The report confirmed the Environmental Protection Team’s position that bins being left on the
highway in the specified areas is having a detrimental effect on the quality of life of those in the locality (evidenced by the complaints received), that it is persistent and continuing, is unreasonable (as it is not difficult for relevant persons to return the bins to within the curtilage of their property – with exception being allowed for those with mobility issues) and the requirement to return them is justified. Cabinet agreed with this position and decided to make the PSPO.

However, both the report and the draft order indicated that the PSPO would start the same date as the Cabinet meeting i.e. 27 July 2021.

Rule 13 of the Scrutiny Procedure Rules within NWLDC’s constitution is clear that Cabinet decisions only come into force on the expiry of 5 working days after the publication of the decision (the call-in period). The minutes of the Cabinet meeting were published on 3 August 2021. Therefore, Cabinet’s decision to approve the introduction of the PSPO does not take effect until 11 August 2021 and consequently the PSPO itself cannot come into force until 11 August 2021.

I am satisfied that this was a simple error in the report and advice has been given in this regard to Paul Sanders, Head of Community Services. I am also satisfied that there is need to prevent the detrimental impact, of bins being left on the highway, on those persons within the specified areas and that this can only be done by the introduction of the PSPO. I am therefore, also satisfied that there is an urgent need for the PSPO to come into force. Consequently, I am exercising my powers under paragraph 4.3.5 of section 7 of part 3 of the constitution to retrospectively confirm that the correct start date for the PSPO is 11 August 2021. Other than the change to the start date for the PSPO, the decision of Cabinet remains as was made at the meeting on 27 July 2021.

To protect some of the inhabitants within the Council’s area i.e. to prevent the detrimental
impact, of bins being left on the highway, on persons within the areas specified within the PSPO,
namely:
• Berrisford Street, Coalville
• Margaret Street, Coalville
• Melbourne Street, Coalville
• Bridge Road, Coalville
• Adam Morris Way, Coalville
• William Bees Road, Coalville
• Mantle Lane, Coalville (House numbers 4-30)

Taking a report to the next Cabinet meeting to confirm the start date of the PSPO. However, the next meeting of Cabinet is not until 21 September 2021, though there is a provisional extraordinary Cabinet meeting on 31 August 2021. Either of these two dates is too far in the future, as there is a need to protect these persons now, as they have been living with this issue for 4 years now.