Agenda item

Report attached.

Members considered a report of Councillor Stewart Eaves, Portfolio Holder for Environmental Services, informing Cabinet of additional dog control measures in Accrington Cemetery.

Councillor Eaves provided a brief introduction to the report, noting that the matter had been considered carefully over a significant period of time.  He outlined the complaints that had been received, the use of a detailed independent impact assessment, and the need to balance the requirements of users of the site, which was both a burial ground and a green open space.  A number of options had been considered and the preferred approach was to fence off the footpath close to the entrance on Whitewell Road, which was where dog fouling was most prevalent.  Residents would still be able to walk dogs responsibly throughout the rest of the cemetery.

Councillors Dad and Whitehead spoke in favour of this proposal and explained the reasons for the decision.  Councillor Zak Khan also welcomed the proposals and hoped that the communications released would be able to effectively convey the rationale for this decision in a way which did not cause division within the community.  The Leader acknowledged this sensitivity, as comprehensive feedback had been received on this issue.  He gave an assurance that the press release would explain why this decision was being taken.

Approval of the report was not deemed a key decision.

Reasons for Decision

Currently there was a Public Space Protection Order (PSPO) relevant to dog control in force at Accrington Cemetery.  While PSPO’s were reviewed every three years, there had been a dog control PSPO for Accrington Cemetery since 2015.  This was because there was a high level of public support to have some reasonable dog control in the cemetery.

The current PSPO permitted dog walkers to walk their dogs throughout Accrington Cemetery but did require dog walkers to keep their dogs on a lead at all times and to pick up any dog fouling after their dogs.

A considerable number of the dog walkers who walked their dogs in Accrington Cemetery entered the cemetery via the pedestrian access off Whitewell Road.  Dog walkers who entered through this access tended to turn left and walk down the footpath towards the bottom of the cemetery between plots MA and EO.

Members of the community with relatives buried in burial area MA adjacent to the footpath referenced above, had made representation to the Council stating they have seen dogs on leads being allowed to walk on the grass burial plots and on occasion seen some dog owners cleaning up dog fouling from the grass burial area.  While this behaviour does not breach the current PSPO, it had caused some distress to the families who had requested additional dog control due to the dog walking traffic in that part of the cemetery.

There were a number of options available to Cabinet which could address the specific complaints received and this report recommended implementing the following:

1. Create a fenced ‘dog free zone’ by installing a fence along the boundary of EO plot with a gate at either end of the footpath and one in the middle running between EO and MA plot (a map highlighting the fenceline was appended to the report).

2. Amend the existing dog control order to exclude dogs from the footpath running between EO and MA plot, (a fenced dog free zone) so the Council’s dog wardens could take enforcement action should any dog walkers choose to ignore the fenced dog free zone and walk through it with their dogs.

To ensure the Council was compliant with its equality duty, the Council had engaged a specialist consultant to undertake an equality impact assessment (EIA) in relation to the possible options Cabinet could choose to strengthen dog control, or not, in Accrington Cemetery (the EIA was appended to the report).

Alternative Options considered and Reasons for Rejection

The following options had been considered by the Council:

(a)  Do nothing and leave the current dog control arrangements in place.

(b)  Install a fence with multiple access gates, along the boundary of MA plot in Accrington Cemetery with no change to the existing PSPO.

(c)   Implement a new PSPO which would exclude dogs from the whole of Accrington Cemetery (except for assistance dogs).

(d)  Implement a new PSPO which would exclude dogs just from the footpath running between MA and EO plots in Accrington Cemetery, effectively creating a dog free zone (except for assistance dogs).

(e)  Install a fence along the boundary of EO plot with a gate at each end and one in the middle, to create a fenced dog free zone (except for assistance dogs) along the footpath running between MA and EO plots in Accrington Cemetery.  In addition, implement a new PSPO which would exclude dogs just from the footpath running between MA and EO plots in Accrington Cemetery.

These options were evaluated after taking into consideration the equality impact assessment.  The following were some of the key points relevant to each option:

• The Council had received a number of complaints and option (a) of doing nothing would not be acceptable.

• Option (b) did provide a physical barrier between MA plot and dog walkers.  However, having the fence along the boundary MA plot would create difficulties for visitors to access graves, would mean certain graves would become entrances to the plot, and would cause access issues for people with mobility issues, wheelchair and mobility scooter users and people with visual impairments.  It would also make grave digging and grounds maintenance operations more difficult and less safe for staff to undertake.  The fence would also have to be a removable fence so that it could be removed to facilitate grave digging and grounds maintenance operations.  This would lead to a lower quality fence, compared to a fixed permanent fence, and would make it harder to respond to some short notice burials due to the extra time required to remove the fence before grave digging operations could safely commence.

• Option (c) would lead to dogs not having access to MA plot.  However, this would also mean responsible dog owners, with their pets, could not visit the graves of family members in the cemetery and prevent those dog owners who use the cemetery as an open space from walking their dogs along their usual dog walking route.

• Option (d) would exclude dogs from the footpath running between MA and EO plots in Accrington Cemetery, effectively creating a dog free zone.  This option did allow dog walkers to walk their dogs (on leads) in the majority of the cemetery.  However, there would be no physical barrier and it would require the current PSPO to be amended to exclude dog owners from walking dogs using the footpath running between MA and EO plot.

• Option (e) would create a fenced dog free zone by installing a fence along the boundary of EO plot and having a gate at either end and in the middle of the footpath running between EO and MA plot.  As the fence would run along the boundary of EO plot (which was full for coffin burials) it did not cause any significant maintenance, grave digging or staff safety issues.  It also meant that access to the whole MA plot was via one gate on the footpath which retained the open access of MA plot for visitors.  The current PSPO would then be amended to exclude dogs from the footpath running between EO and MA plot, so the dog wardens could take enforcement action should any dog walkers choose to ignore the fenced dog free zone and walk through it with their dogs.

Resolved                                (1)   That Cabinet notes the report.

(2)   That Cabinet agrees to the installation of fencing and introduce additional dog control measures in Accrington Cemetery as set out in paragraph 3.5 of the report.

(3)   That Cabinet delegates authority to the Executive Director (Environment) to implement the installation of the fencing and in consultation with the Executive Director (Legal and Democratic Services) to amend the dog controls in Accrington Cemetery.