Agenda Item No. 10
The Vale of Glamorgan Council
Council Meeting: 20 July, 2016
Report of the Director of Environment and Housing
New Byelaws - Rhoose Point Public Open Space
Purpose of the Report
To approve, adopt and make new byelaws in connection with the management and regulation of Rhoose Point Public Open Space.
THAT Council approve, adopt and make new byelaws relating to the public open space and lagoon areas at Rhoose Point under sections 12 and 15 of the Open Spaces Act 1906 in the form attached to this report at Appendix A. [Map]
THAT Council agree to the new byelaws coming into force no later than one month from the date of this meeting
THAT the Head of Legal Services be authorised to seal and date the byelaws on behalf of the Council and to take such steps necessary under the Local Government (Wales) Act 2012 and any statutory guidance under this Act to publicise and implement the byelaws.
Reasons for the Recommendations
To enable the approval, adoption and making of the new byelaws.
To enable publicity and implementation of the byelaws.
To comply with legislation.
At its meeting of 14th March 2015, Cabinet, having considered the report and all the issues and implications contained therein
(1) T H A T it be agreed to proceed with the introduction of byelaws at the open space and lagoon areas at Rhoose Point prohibiting swimming and camping and also prohibiting fishing that has not been duly authorised.
(2) T H A T a notice of intention to make the new byelaws be publicised and that Cabinet recommends to Council the following:
That Council approve and make the byelaws related to the public open space and lagoon areas at Rhoose Point under sections 12 and 15 of the Open Spaces Act 1906.
That the Head of Legal Services be authorised to seal and date the byelaws on behalf of the Council.
(3) T H A T delegated authority be granted to the Director of Environment and Housing Services in consultation with the Head of Legal Services and the Cabinet Member for Visible and Leisure Services to take such steps necessary under the Local Government (Wales) Act 2012 and any statutory guidance under the Act to publicise and implement the byelaws.
(4) T H A T should the bye-laws be implemented as proposed any decisions to either designate an area for fishing or to provide permission for such activities will be the subject of a future report to Cabinet.
Reasons for decisions
(1) To progress the introduction of the new byelaws.
(2) To allow the submission of recommendations to full Council to make the byelaws as required by the Constitution.
(3) To enable publicity and implementation of the byelaws.
(4) To ensure that such decisions were only taken by Cabinet and were subject to suitable Scrutiny.
Under the Council's constitution byelaws can only be made by a meeting of full Council.
Relevant Issues and Options
Following the Cabinet's recommendations of 14th March and in accordance with the provisions of the Local Government (Wales) Act 2012 and the statutory guidance under the Act, a second written statement was publicised on the Council's website detailing the outcome of the consultation process and the decision of Cabinet to progress with the introduction of the byelaws.
As required by the Act and statutory guidance, a notice of intention to make the byelaws was also publicised. This notice of intention gave 6 weeks' notice that the byelaws were due to come before this Council meeting and also gave a further opportunity for the public to make comments and/or objections to or in connection with the making of the byelaws.
No further significant objections / comments have been received during this 6 week period. Only two comments were received:
Comment 1: That they wanted to see the open space remain.
Comment 2: Wanted to see the byelaws enforced.
The Council therefore wishes to proceed with the implementation of the byelaws.
Where the byelaws are not subject to the confirmation procedure, the 2012 Act prescribes that an authority may not make a byelaw later than six months after the date they published the notice of their intention to do so.
For byelaws not requiring confirmation, the 2012 Act further provides that the authority may set the date on which the byelaws will come into force. If no date is fixed, the byelaw will come into force at the end of one month from the date the byelaws were made.
Discussions are also on-going about the enforcement of the byelaws with a short term contract currently being negotiated with an external environmental enforcement partner.
Resource Implications (Financial and Employment)
The administrative cost of implementing the byelaws is within the existing Parks budget.
In addition to these costs the installation of the necessary signage will be approximately £5,000 and will be funded from within the existing Parks revenue budget for 2016 / 2017.
There is likely to be an ongoing cost of an enforcement mechanism and a further report will be presented to Cabinet on this in due course. The short term cost of any enforcement will be met from existing resources.
Sustainability and Climate Change Implications
The adoption of byelaws could assist in protecting the natural environment at Rhoose Point.
Legal Implications (to Include Human Rights Implications)
The Local Government Byelaws (Wales) Act 2012 has given the Council the power to introduce and make byelaws under sections 12 and 15 of the Open Spaces Act 1906 to regulate and control such activities as swimming, camping and fishing without the need to have the Welsh Ministers confirm the byelaws.
The Council is required to follow the processes introduced by the 2012 Act and any statutory guidance issued in connection with that Act.
The 2012 Act requires that byelaws must be made under the common seal of the authority.
The 2012 Act also enables the Council to issue fixed penalty notices for offences against byelaws. The introduction of the ability to issue fixed penalty notices will be the subject of a separate report to Cabinet in due course.
There are no Human Rights implications associated with this report, but byelaws must not be inconsistent with National or European legislation.
Crime and Disorder Implications
The implementation of the new byelaws and the improvement potential improved to enforce the byelaws will have a positive impact on crime and disorder issues at Rhoose Point.
Equal Opportunities Implications (to include Welsh Language issues)
Any signage in connection with the new byelaws will be bi-lingual.
The introduction of bye-laws will help to reduce evidence of anti-social behaviour and will therefore contribute to Well being outcome 1: An Inclusive and Safer Vale; objective 2: Providing decent homes and safe communities, and specifically Corporate Plan action: Prevent and tackle incidents of anti-social behaviour implementing restorative justice approaches for young people.
Policy Framework and Budget
The matter of making byelaws is a matter reserved for full Council under the constitution.
Consultation (including Ward Member Consultation)
This is a longstanding issue and local ward members have been previously consulted on the introduction of byelaws. As part of the process of introducing the new byelaws, a wide range consultation exercise has been undertaken including consultation with the public and external bodies, interested groups and representatives.
Relevant Scrutiny Committee
Environment and Regeneration.
Dave Knevett - Operational Manager Leisure.
Jocelyn Ham, Legal Services
Visible and Building - Accountant
Miles Punter -
Director of Environment and Housing