A DECISION over changes to a Public Space Protection Order designed to crack down on antisocial behaviour in and around a leading industrial estate has been postponed following a challenge.
Hambleton District Council’s cabinet is now scheduled to consider implementing a ban on anyone staying in their vehicle between 7pm and 7am at Leeming Bar in January.
Amid calls from residents for the authority to start using the ban it introduced in May to fine truckers who leave litter and human waste behind and use the area as an overnight car park, the council had said revisions to the order would make it easier to issue fixed penalty notices.
In a report to the council’s cabinet next week officers advised they had taken “independent legal advice to ensure that all foreseeable legal requirements have been considered and that the proposed variations to the order are reasonable in attempting to address the antisocial behaviour”.
The report also stated North Yorkshire County Council Highways Authority had confirmed the signs installed as notification of the Public Space Protection Order were considered to be public notices and as such they are permitted within the Traffic Signs Regulations and General Directions 2016 without the need for special authorisation from the Secretary of State.
After reading the report former councillor and campaigner Andy Strangeway said he had been left “bewildered” as the Road Traffic Regulation Act “clearly confirms that any public notices Hambleton District Council proposes to deploy for the proposed order would be traffic signs”.
He said as such notices are not contained in the traffic signs regulations, they cannot be used, so a Public Space Protection Order could not be introduced.
Mr Strangeway has called for the authority’s leading councillors to be made aware of the legal advice the council has received.
A council spokeswoman confirmed the order would now be discussed at a meeting on January 14. She said: “This change follows receipt of an enquiry regarding traffic signage regulations which whilst previously checked with parties including our specialist legal advisor, will be given further consideration before it is discussed at Cabinet in January.”
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