Agenda item

This report details the outcome of the consultation regarding the revocation of byelaw 7ii of the Open Spaces and Pleasure Grounds that prohibits cycling in Brent’s parks and open spaces and as a result seeks formal approval to the byelaw being revoked.

AGREED

(1)      To approve and make the revocation of byelaw 7ii, in the terms set out in Appendix B of the report.

(2)      To note the process followed by officers to revoke the byelaw following approval from the General Purposes Committee on 19^th March 2019.

(3)      To note the outcome of the public consultation conducted from 7 June and 19 July 2019 for revoking byelaw 7 (ii).

Councillor Tatler introduced the report from the Strategic Director, Regeneration and Environment seeking approval, following the outcome of a public consultation process, to the revocation of the byelaw prohibiting cycling in Brent’s parks and open spaces.  As part of her opening comments, Councillor Tatler felt that the revocation of the byelaw had been long overdue with the Council committed to providing a safe and accessible cycling infrastructure across the Borough that would not only be properly regulated but would also help to promote physical activity and encourage alternative modes of transport.  The report had detailed the outcome of the public consultation undertaken in relation to the proposed revocation along with a survey of all parks and open spaces, and outline of the safety measures that would be introduced, including signage and markings.  In concluding her opening comments, Councillor Tatler also felt it was important, by way of reassurance, to confirm that the Council would still be able to use its enforcement powers in order to tackle issues involving general nuisance and inconsiderate behaviour by cyclists and on this basis commended the report to Council.

The Mayor then opened the debate inviting other Members to speak on the report.

Whilst highlighting his support for the proposal, Councillor Kelcher sought an assurance on the retention of measures introduced to tackle problems being caused by motorised scooters in a number of parks, including King Edwards and Roundwood, as a result of any infrastructure works required to support the revocation.  Whilst seeking to encourage cycling, these measures had included the installation of gates to prevent access by scooters, which he was keen to ensure were retained.  As an additional issue relating to the use of parks and open spaces, he also he also queried whether, alongside revocation of the cycling byelaw, it would be possible to consider overturning the current ban on BBQs.

Councillor Nerva highlighted the logical and innovative nature of the proposal, which he pointed out had been appreciated by cyclists throughout Brent and represented a practical example of how the Council was geninuely seeking to promote cycling as an alternative form of transport and to encourage healthier lifestyles.  Following on from the comments made by Councillor Kelcher he also took the opportunity to express his support for the provision of designated space to allow BBQs (on a limited basis) within the boroughs parks and open spaces.

Councillor Maurice, speaking on behalf of the Conservative Group, advised that they also supported the proposed revocation acknowledging the contribution of the associated environmental impacts in relation to cleaner air.  Concerns were, however, raised in relation to the enforcement action it would be possible to take in terms of addressing any associated anti-social behaviour or safety issues around aggressive or unsociable cyclists given the shared space and need to avoid harm to other pedestrian park users.

Following on from the issues highlighted by Councillor Maurice, Councillor Colwill also felt there was a need to seek details on the costs associated with any enforcement of the necessary safety measures and policing of the scheme.

As no further issues were raised, Councillor Tatler in exercising her right of reply thanked Members for their support during the debate.  In terms of the impact on the measures designed to tackle use of motorised scooters, she advised that detailed implementation plans were being developed in relation to the measures that would be required in each park and open space in terms of the physical infrastructure and signage required, on which further details could be provided in relation to the specific sites identified.

In terms of cost, Members were advised that the existing Neighbourhood Patrols would have responsibility for undertaking any enforcement activity required.  A common sense approach would need to be adopted, however, based on current experience given that the aim was to promote cycling, active travel and the use of parks and open spaces across the borough.

As a number of comments had also been raised during the debate on the regulation of BBQs in parks and open spaces the Mayor advised that he would also be willing to provide Councillor Miller, as Cabinet Member for Community Safety and Engagement, with an opportunity to respond.

Thanking the Mayor, Councillor Miller confirmed that it would not be possible to consider overturning the current ban on BBQs within the boroughs parks and open spaces given the clear conflict and fire safety issues in relation to the introduction of meadow areas in these locations.  He also supported the comments made by Councillor Tatler in relation to enforcement activity and the role of the Neighbourhood Patrols but felt it was also important to recognise that the proposal Members were being asked to consider involved the revocation of a byelaw rather than the introduction of any new enforcement regulations.  As further assurance, he also reminded Members of the existing powers available to enforce regulations under the current borough wide Public Space Protection Order applying to parks and open spaces.

As no further issues were raised the Mayor then put the recommendations to the vote by a show of hands and they were unanimously declared CARRIED.

It was therefore RESOLVED:

(1)        To approve and make the revocation of byelaw 7ii, in the terms set out in Appendix B of the report.

(2)        To note the process followed by officers to revoke the byelaw following approval from the General Purposes Committee on 19^th March 2019.

(3)        To note the outcome of the public consultation conducted from 7 June and 19 July 2019 for revoking byelaw 7ii.