CORNWALL Council says that restrictions for dogs on beaches “must be a proportionate response to the levels of harm and nuisance being caused” and that it has consulted extensively with beach owners where places are privately owned.
The local authority was responding in more detail to questions about how it has handled consultation feedback from the public and parish council in Sheviock.
Last week, The Cornish Times reported that Sheviock Parish Council was frustrated and disappointed by having its own locally-agreed rules for beaches in Portwrinkle rejected by Cornwall Council. These beaches are owned by the Antony Estate.
Prior to 2020, one beach in Portwrinkle had been ‘dog-friendly’ at all times from Easter to October, and the other had been under a total dog ban.
.jpeg?width=209&height=140&crop=209:145,smart&quality=75)
But within a new Public Spaces Protection Order (PSPO) that came in this month, Cornwall Council has decided that Portwrinkle’s Harbour and Hoodny Beach should come under the same rules as most of the rest of the county, with a July and August ban between the hours of 10am and 6pm.
A Cornwall Council spokesperson gave us replies to the following questions:
Was the 2020 change for Portwrinkle’s Harbour and Hoody beaches an ‘admin error’ or a deliberate bringing in line of these beaches with the norm?
Portwrinkle Harbour and Hoodny beaches were accidentally missed off the previous PSPO. Cornwall Council has apologised for this error. Cornwall Council standardised restrictions regarding dogs on beaches in 2020. Please note that had Portwrinkle Harbour and Hoodny beaches been included in the order, 24-hour restrictions would not have been in place.
Are Cornwall Council’s restrictions able to override the wishes of a private beach owner?
What does the national guidance say about places which want to be dog friendly 24/7, even in the summer?
Cornwall Council works closely with beach owners and has consulted with them extensively regarding the restrictions. Landowners have discretion over how their land is used and can request that people do not bring their dogs onto their property at any time, or during specific times. Any concerns arising from this would be civil issues between the landowner and dog owner.
Please note that town and parish councils no longer have any legal powers to enforce restrictions regarding dogs on beaches unless a PSPO is in place.
The national guidance can be found at www.local.gov.uk by searching ‘Public Spaces Protection Orders’
The recommendation of the Neighbourhood and Scrutiny Committee was that the seasonal 24/7 ban (Easter to October) on Hoodny and Harbour beaches in Portwrinkle be reinstated. If the intention of Cornwall Council was to simply implement national guidance on restrictions, why involve the scrutiny committee in looking at individual decisions?
Scrutiny is a key part of Cornwall Council’s policy-making process. The recommendations made by the committee were carefully considered however upon further evaluation and consultation with the Council’s legal team, the portfolio holder was not satisfied that the additional restriction was a proportionate response to the level of harm and nuisance being caused.