Agenda item
New Byelaws for Parks and Open Spaces
To approve the making of the new byelaws for the borough’s parks and open spaces and to confirm the revocation of the existing byelaws. The proposed new byelaws were presented to the General Purposes Committee on 13th October 2011, following which additional changes have been made following discussions with DCLG. The report of the Corporate Director, Communities, Localities and Culture is attached.
Decision:
DECISION
1. That the making of the New Byelaws for the borough’s Parks and Open Spaces as shown in Appendix 1 (‘New Byelaws’) to the report of the Corporate Director, Communities, Localities and Culture; and the revocation of the Existing Byelaws once the New Byelaws are confirmed, be approved.
2. That the Corporate Director, Communities, Localities and Culture be authorised (following consultation with the Assistant Chief Executive [Legal Services]) to effect further amendments to the proposed New Byelaws in the event that subsequent to the meeting of Full Council and prior to submission to the Secretary of State, DCLG require such amendments to be made.
3. That it be noted that the New Byelaws will apply to the parks and open space areas listed within Schedule 1 & 2 contained within Appendix 1 of the report of the Corporate Director, Communities, Localities and Culture.
4. That it be noted that there are a range of issues and offences already covered by primary legislation which are therefore excluded from the New Byelaws (as outlined in Appendix 3 to the report).
5. That it be noted that the New Byelaws will need to be approved by the Secretary of State prior to formal adoption. Some amendments have been made to the DCLG’s Model Byelaws, as set out in paragraphs 4.2.6 to 4.2.9 of the report. Officers have engaged in discussions with DCLG to ensure these amendments have their approval.
(Action by: Stephen Halsey, Corporate Director, Communities, Localities and Culture)
Minutes:
The Council considered the report of the Corporate Director, Communities, Localities and Culture, proposing new byelaws for the borough’s parks and open spaces.
Councillor Shahed Ali MOVED and Councillor Ohid Ahmed SECONDED the recommendations in the report. Following debate, the recommendations were put to the vote and were agreed. Accordingly, it was -
RESOLVED
1. That the making of the New Byelaws for the borough’s Parks and Open Spaces be approved as shown in Appendix 1 (‘New Byelaws’) to the report of the Corporate Director, Communities, Localities and Culture; and the revocation of the Existing Byelaws once the New Byelaws are confirmed, be approved.
2. That the Corporate Director, Communities, Localities and Culture be authorised be authorised (following consultation with the Assistant Chief Executive [Legal Services]) to effect further amendments to the proposed New Byelaws in the event that subsequent to the meeting of Full Council and prior to submission to the Secretary of State, DCLG require such amendments to be made.
3. That it be noted that the New Byelaws will apply to the parks and open space areas listed within Schedule 1 & 2 contained within Appendix 1 of the report.
4. That it be noted that there are a range of issues and offences already covered by primary legislation which are therefore excluded from the New Byelaws (as outlined in Appendix 3 of the report).
5. That it be noted that the New Byelaws will need to be approved by the Secretary of State prior to formal adoption. Some amendments have been made to the DCLG’s Model Byelaws, as set out in paragraphs 4.2.6 to 4.2.9 of the report. Officers have engaged in discussions with DCLG to ensure these amendments have their approval.
Change to Order of Business
Councillor Alibor Choudhury MOVED, and Councillor Kabir Ahmed SECONDED, a procedural motion – “That under procedural Rule 14.1.3 the order of business be varied to allow motion 12.12 to be considered as next business.”
The procedural motion was put to the vote and was defeated.
Councillor Motin Uz-Zaman then MOVED, and Councillor Joshua Peck SECONDED, a further procedural motion – “That under procedural Rule 14.1.3 the order of business be varied to allow motion 12.7 to be considered as next business.”
The procedural motion was put to the vote and was agreed.
12.7 Supporting the Trade Unions in their campaign to defend the Local Government Pension Scheme
Councillor Anna Lynch MOVED, and Councillor Bill Turner SECONDED, the motion as printed in the agenda.
Councillor David Snowdon MOVED, and Councillor Tim Archer SECONDED, a tabled amendment as follows:-
“Delete all after ‘The Council notes’ and insert:-
‘The government has huge respect for the hard-working people who keep our vital services running and believe that it is wrong to call a strike whilst talks are under way.
The government has ensured that anyone who is within ten years of retirement will be able to retire on their current terms.
The lowest paid will be exempt from changes.
Even then the gap between those in receipt of private and public pensions will remain high.
At a time when we are trying to get the economy back on its feet, a strike is the last thing anyone needs’.”
After debate the amendment was put to the vote and was defeated.
Councillor Motin Uz-Zaman MOVED, and Councillor Joshua Peck SECONDED, a procedural motion – “That under procedural Rule 14.1.10 the question be now put.” The procedural motion was put to the vote and was agreed.
The motion as printed in the agenda was then put to the vote and was agreed. Accordingly it was -
RESOLVED
The Council notes:
· That all unions involved in the LGPS have agreed to ballot for industrial action as part of an unprecedented alliance of Public Sector Unions that could see 3 million workers striking together in November to defend the LGPS.
The Council further notes:
· That local branches of the Trade Unions are actively campaigning together for the purpose of:
- returning a ‘yes vote’ in their respective ballots;
- publicising the negative and unfair impact of what this government is proposing in relation to public sector pensions;
- challenging misinformation disseminated by this government about the unaffordability of the LGPS.
This Council resolves to:
· Pledge our support to the Trade Unions in their campaign to defend the LGPS and we agree to join demonstrations and picket lines in Tower Hamlets in support of industrial action.
· Make a public statement of support in relation to this.
Supporting documents:
- Report Byelaws Full Council, item 9.1 PDF 240 KB
- 11 08 17 Appendix 5 - Existing Parks Open Spaces Byelaws, item 9.1 PDF 642 KB
- Appendix 6 - Parks Byelaws EqIA, item 9.1 PDF 96 KB