Dog Control Public Space Protection Order (PSPO)

Overview

We are extending this consultation in response to comments from residents about providing additional clarity on the proposals. In addition, on the consultation page, some areas were missing from the list of proposed new sites that would be subject to dog controls, so we have added these and attached a copy of the draft PSPO. 

All existing and new comments received in the consultation will be analysed and used to inform any recommendations by Council officers to Cabinet on the content of the revised dog control PSPO. No decision will be made on the proposals until after the consultation has closed.

The consultation will now close on 15 December 2023. 

Introduction

Hackney Council currently has a Dog Control Public Spaces Protection Order (PSPO) in place. The purpose of this PSPO is to control several issues that arise as a result of people failing to exercise proper control of dogs in public places.
The PSPO includes controls on dog fouling, defining areas where dogs are not permitted – such as playgrounds – and requiring dogs to be on leads in some public spaces.

The current PSPO is due to expire on 17 March 2024 and can be viewed at: https://hackney.gov.uk/dog-control-orders 

We are proposing to:

• extend the PSPO for a further three years, and
• vary the PSPO by:
  • adding to the prohibitions / requirements stipulated in the PSPO,
  • updating the list of locations from which dogs are excluded, and
  • updating the list of locations in which dogs must be kept on a lead.

Why is a Dog Control Public Space Protection Order (PSPO) needed?

PSPOs are aimed at ensuring public spaces can be enjoyed free from anti-social behaviour. They are not about stopping the responsible use of public spaces, but they do provide councils with a tool to tackle persistent issues that are damaging their communities.

Over the past eighteen months, we have received a large amount of correspondence relating to the behaviour of dogs in the borough. Many residents are nervous about the large numbers of dogs in Hackney’s parks and green spaces. 

In addition, there are increasing numbers of professional dog walkers using Hackney’s larger parks and green spaces. It is very difficult for professional dog walkers to be in control of high numbers of dogs at any one time.

This PSPO has been designed to be as clear as possible, giving clarity and outlining expectations. Well-behaved dogs can be walked or exercised freely off-lead in most large parks. This promotes healthy exercise for dogs and takes into consideration the needs of the borough's dog owners and the welfare of dogs.

The aim of the public consultation is to invite views from all Hackney residents and interested groups about a variety of dog control related issues and potential amendments to the current PSPO. Additionally, the consultation aims to enhance comprehension of residents' firsthand encounters with dog control in parks and public spaces.

What does the draft Dog Control PSPO include?

The draft PSPO will include: 

1. A ‘dog fouling of land’ prohibition, which makes it an offence if dog owners do not remove their dog’s faeces from land within Hackney that is open to the air and accessible to the public. This prohibition applies to all land in Hackney.
2. A ‘dog exclusion’ prohibition, which enables the Council to stop dogs from entering certain areas including BMX tracks, children’s play areas, fenced off dog free areas, multi use games areas, outdoor gyms, skate parks, small parks, splash pads and children’s water features, sports courts, sports playing pitches, and water sports centres and reservoirs. 
3. A ‘dogs on leads’ requirement, which enables the Council to stop people from exercising dogs off-leads in general public areas, on roads and in car parks, churchyards, burial grounds (including Abney Park), communal areas on estates and some smaller public parks.  This requirement excludes canal towpaths, as these areas are managed by the Canal & River Trust rather than the Council.  
4. A ‘dogs on leads by direction’ requirement, which gives officers the power to request that dogs be put on leads where they are not under the appropriate control of their owner, or where they are causing damage or acting aggressively. This requirement applies to the entire borough. 

And a new requirement:

    5. A ‘maximum number of dogs’ requirement, which makes it an offence for one person to have more than four dogs under their control at any one time. This requirement applies to the entire borough. 

Are there any exemptions?

The following would be exempt from the Dog Control PSPO:

• people who are registered as blind,
• people who are deaf, in respect of a dog trained by Hearing Dogs for Deaf People and upon which they rely for assistance,
• People who have a disability which affects their mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a Prescribed Charity and upon which they rely for assistance, and anyone training an assistance dog in an official capacity, and
• a dog used by the police or other agencies permitted by the Council for official purposes.

The following would be exempt from all provisions of the Dog Control PSPO, except the ‘dog fouling of land’ prohibition:

• anyone who has been given permission by the owner, occupier or person in charge of the land, not to comply with the order.

How will the PSPO be enforced?

If the person in charge of a dog fails to comply with the requirements of an order, they will be issued with a £100 Fixed Penalty Notice and taken to court if the Fixed Penalty Notice is not paid within the specified timeframe. A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1,000) unless:

• they have the consent from the owner, occupier or person in charge of the land, not to comply with the order, or
• they have a reasonable excuse for failing to comply, or
• they fall within one of the other exemptions within the order, such as the exemptions in the order for persons who are registered disabled and persons who have a registered assistance dog.

How long will the PSPO last?

We are proposing that the PSPO lasts for three years, until March 2027, at which point we would decide whether to renew it in consultation with residents.

Which locations will dogs be excluded from?

You can find a map showing the details and locations of the prohibitions/requirements in the Online Survey.

Dogs would be excluded from the following locations. Proposed new locations are underlined and in bold:

Where would dogs have to be kept on a lead?

You can find a map showing the details and locations of the prohibitions/requirements in the Online Survey.

Dogs would need to be on leads in the following locations. Proposed new locations are underlined and in bold:

Frequently Asked Questions

1. What amendments have you made to the Dog Control PSPO consultation page:

• We have added a link to the draft PSPO itself to provide more clarity for residents that are interested


• We have amended some of the text on the consultation page so it provides more clarity for residents


• We have updated the tables on the consultation page to ensure all sites are clearly listed in the tables. The changes include adding:
  
  
  • Children's Play Areas: Broadway Market Green
• We have updated the tables on the consultation page to ensure all the sites that are proposed as new locations for dogs to be excluded from in the draft PSPO are highlighted in bold / underlined. The changes include the following sites being highlighted in bold / underlined:
  
  
  • Children's Play Areas: Clapton Pond, Mabley Green and Springfield Park; 
  • Dog Free Areas: Clissold Park (surrounds of Clissold House), Springfield Park (Cafe Seating Area) and Springfield Park (Old Bowling Green Area); 
  • MUGAs: Butterfield Green, Haggerston Park, London Fields, Shoreditch Park and Stonebridge Gardens; 
  • Outdoor Gyms: Butterfield Green, Haggerston Park, London Fields, Millfields Park, Shoreditch Park and Springfield Park;
  • Small Parks: De Beauvoir Square;
  • Skate Parks: Clissold Park and Daubeney Fields.
• We have also updated the tables on the consultation page to ensure that a number of sites that are existing or proposed as new locations for dogs to be on leads, and had been missed from the previous list on the consultation page, are highlighted in bold / underlined. These include:
  
  
  • Broadway Market Green, Clapton Pond, Homerton Grove, Kynaston Gardens, Robin Hood Community Garden, St Thomas' Recreation Ground, Stonebridge Common and Windsor Terrace. 
• We have added to and updated the Frequently Asked Questions section to address some of the points being raised by residents.

2. Has a decision already been made on what will be included in the Dog Control PSPO?

No. We welcome all views and comments on the consultation proposals. All existing and new comments received in the consultation will be analysed and used to inform any   recommendations by Council officers to Cabinet on the content of the revised Dog Control PSPO. No decision will be made on the proposals until after the consultation has closed.

3. Why aren’t you responding to comments raised in the consultation? 

We have updated the Frequently Asked Questions on the consultation page to answer a number of questions that have been raised frequently. This however, is a consultation on draft proposals to get the views and comments of residents on the proposals. It would therefore not be practical to respond directly to all the individual comments that have been made in the consultation at this stage. However, the comments will be addressed when the Council makes a decision on the draft PSPO. 

4. Why are you proposing to add new sites in the draft PSPO that dogs are excluded from?

The existing Dog Control Public Space Protection Order already excludes dogs from BMX tracks, children’s play areas, courts, multi use games areas, outdoor gyms, fenced off picnic areas, sports grounds and skate parks.

The proposed additional sites that dogs are excluded from reflects an updating of the list from 2021 for these types of facilities. 

In addition, a number of areas that are fenced off and have traditionally been dog free are proposed to be formalised.

5. What areas of Clissold Park are you proposing to be dog free in the draft PSPO?

In the current PSPO, the following areas are designated as dogs free in Clissold Park:

• Clissold Park Basketball Court
• Clissold Park Dog Free Area
• Clissold Park MUGA
• Clissold Park Play Area
• Clissold Park Tennis Courts

The draft PSPO still includes these areas and also proposes the inclusion of the following areas:

• Clissold Park Animal Enclosure (dogs on leads)
• Clissold Park (surrounds of Clissold House) (dogs free)
• Clissold Park Splash Pad (dogs free)

6. Why are you proposing that dogs be kept on leads in Abney Park Cemetery in the draft PSPO?

The Council recognises the benefits of dog walking, particularly as a healthy and social activity that encourages physical and mental wellbeing. 

However, to help balance the needs of dog walkers with those of other visitors and the particular character of Abney Park Cemetery, the Council is proposing to add Abney Park Cemetery to the list of sites where dogs must be kept on a lead.

The Council is proposing to make this change now for a number of reasons:

• Addressing Issues: Over the last few years, we have received correspondence and feedback relating to the behaviour of dogs in Abney Park Cemetery from concerned residents - this behaviour has also been observed by Parks and Green Spaces staff. In addition, some residents are nervous about the number of dogs in Abney Park and the behaviour of some. 


• Consistency: The existing Dog Control Public Space Protection Order already requires dogs to be kept on leads in Council managed closed churchyards and burial grounds in the borough, with the exception of Abney Park Cemetery. The proposed changes are intended to bring Abney in line with these other sites, although it is acknowledged that Abney is a larger site than the other closed churchyards and burial grounds in the borough.
  
  
  • It is also worth noting that Abney Park Cemetery is one of the ‘Magnificent Seven’ garden cemeteries of London. Three of these sites exclude dogs, two require dogs to be on leads and only one (Tower Hamlets) allows well behaved dogs off the lead. So our approach is commensurate with the majority of the other ‘Magnificent Seven’ cemeteries.
• Preservation of Historical Significance: Abney Park Cemetery is Hackney's most significant burial site with historical and cultural significance. It has always been a place of reflection, remembrance and the final resting place for thousands of people. It is therefore important that we ensure behaviour or activities in the Cemetery are respectful. By extending the requirement for dogs to be on leads, the Council aims to show respect for the site and the individuals buried there. Keeping dogs on leads helps prevent them from running and doing other things amongst the graves, a mark of respect for the deceased and their families.


• Dog Fouling: The increasing number of dogs being walked in Abney Park Cemetery off the lead has resulted in increased levels of dog fouling, in amongst graves, and other less accessible areas off the main paths of the Cemetery. Not only is this unacceptable behaviour, as much of the dog faeces is not removed, but the dog faeces and urine is contributing nutrients to the environment, which could be harming local biodiversity. 


• Ecological Conservation: The UK’s wildlife is continuing to decline. The most at-risk groups include birds, amphibians and reptiles, fungi and lichen and land mammals. In addition, plant species are also declining.
  
  
  • As a borough we have to respond to this and continue to take measures to address the ongoing decline. The recently adopted Green Infrastructure Strategy and Local Nature Recovery Plan set out how parks, rivers, wetlands, street trees, gardens, rain gardens, green roofs and walls across Hackney can all help combat climate change and tackle biodiversity loss.
  • The documents also identify the need to continue working to protect and enhance the existing Sites of Importance for Nature Conservation network to promote biodiversity within the borough, as well as providing space for new and enhanced habitat.
  • Within this context, Abney Park Cemetery is one of the borough's most significant ecological sites, with valuable habitats and wildlife. It represents an urban example of a naturally regenerated woodland. The 13 hectares of woodland is home to around 200 'old' trees including exotics that were planted as part of the original layout of the Cemetery in 1840, but the bulk of the woodland is secondary woodland established after the Cemetery ceased to operate in the 1970s. It has a remarkable population of breeding birds for an inner-London borough – including tawny owl, sparrowhawk, stock dove, goldcrest, and coal tit. The large number of old trees makes the woodland particularly important for invertebrates that favour decaying wood including a number of rare beetles and the hoverfly Pocata personata, which is reliant on rot holes in old trees. Other invertebrates include the longhorn beetle Phytoecia Cylindrica, which favours the sunlit rides through the woodland and white-letter hairstreak butterfly which feeds on elm in its larval stage. 
• Abney is a: 
  • Local Nature Reserve (LNR): which is a statutory designation made under Section 21 of the National Parks and Access to the Countryside Act 1949 by principal local authorities for places with wildlife or geological features that are of special interest locally; and
• A Site of Importance for Nature Conservation (SINC): which are areas designated for their importance for wildlife. In London, there are 3 grades of SINC:
  • Sites of Metropolitan Importance: important at a London-wide scale, sites which contain the best examples of London’s habitats, have particularly rare species or have particular significance in heavily built-up areas;
  • Sites of Borough Importance: important on a borough perspective, divided into two grades on the basis of their quality; and
  • Sites of Local Importance: of particular value to people nearby, such as residents or schools.
• Abney Park Cemetery is designated as a Site of Metropolitan Importance, the highest grade of site.


• Dogs negatively impact wildlife in a number of ways, some of which are easily observable by watching. Impacts can take a number of forms, including:
  • Physical and temporal displacement - the presence of dogs causes wildlife to move away, temporarily or permanently (e.g. a Blackbird feeding on the ground will fly away)
  • Disturbance and stress response - animals are alarmed and cease their routine activities. (e.g. a bank vole feeding on the ground will run away)
  • Repeated stress causes long-term impacts on wildlife
  • Predation: some dogs chase, attack and/or kill wildlife

In the context of Abney the above apply particularly to ground feeding birds like Blackbirds, Robins, Wrens, Song Thrush, Jays, etc. and small mammals like wood mice and bank voles. 

In addition, allowing dogs to run freely in Abney could lead to habitat disruption and damage to plant life (e.g. toadstools [fungal fruiting bodies] can be trampled. The impact of dogs off leads exceeds that of dogs kept on leads, so requiring dogs to be on leads helps protect this precious ecological site and maintains the balance of its delicate ecosystem.

We have not proposed to exclude dogs from Abney Park Cemetery entirely, given the benefits of dog walking for residents, and instead are proposing an integrated management strategy that still allows dogs, but controls them for the benefit of Abney as a whole. Abney Park Cemetery is a unique environment and we have a responsibility to protect and manage the Cemetery to balance the needs of people and wildlife, so that both continue to flourish.

The measures we are proposing to introduce aims to strike a balance between responsible dog ownership and the protection of this unique and valuable site.

7. Did you consider other options to address some of the challenges at Abney Park Cemetery, instead of the proposed requirement for dogs to be on leads?  

We did think about other options at an early stage, including excluding dogs from the site (with the exception of those exempt from the PSPO) and possibly ‘zoning’ the site to allow dogs to be off the lead in certain areas.

We discounted the idea of excluding dogs from Abney Park Cemetery at a very early stage as we didn’t consider it to be proportional or fair, given the benefits of dog walking for residents in Abney. We also didn’t think that ‘zoning’ was a particularly practical option and would not specifically address a number of the reasons why we are proposing the requirement for dogs to be on the lead in Abney.

Instead we are proposing an integrated management strategy that still allows dogs, but controls them for the benefit of Abney as a whole.

8. What happens if there are other areas that people think should be included in terms of dogs being excluded from or dogs must be kept on leads in? Can these be included in this draft Public Space Protection Order?

We welcome all views and comments on the consultation proposals. All comments received in the consultation will be analysed and a report written, enabling the Council to make a decision on what should be included in the Public Space Protection Order.

9. Why are you proposing to add new sites in the draft PSPO that dogs must be kept on leads in?

We are updating the list of sites that dogs must be kept on a lead in, for three main reasons:

• To ensure consistency of approach for similar sites across the borough
• To add sites that weren’t included in the last order, have been developed or will be transferred to the Council since the existing PSPO was adopted
• To address concerns or issues raised

10. Are the new proposals in the draft PSPO that dogs be kept on leads in Abney Park Cemetery linked to the creation of a new venue in Abney Park Chapel?

No. The proposals have nothing to do with the creation of the new venue, which will have its own separate management arrangements in place to ensure events are appropriately managed.

11. Won’t the events that are proposed to be held in Abney Park Chapel have as much of an impact on the biodiversity and ecology of Abney as dogs?

No. Any events that will be held in the new venue will be self-contained, have limited impact on the wider Park and will be carefully managed by the Council’s Venues Team according to a management plan, as they do currently for similar venues in Clissold Park and Springfield Park.

In addition, restrictions have been placed on the new venue by the Licensing Committee to ensure a balance with Abney’s status.

12. Will this draft PSPO stop me from exercising my dog off of a lead?

No - dogs will still be able to be exercised off the lead in many parks and green spaces in the borough, with the exception of those areas and sites they would be excluded from, and those that they must remain on a lead within.

13. Does this draft PSPO apply to professional dog walkers? 

Yes. 

We are also proposing a ‘maximum number of dogs’ requirement that applies to everyone. This would make it a breach of the PSPO for a person to have more than four dogs under their control at any one time.

14. Why are you proposing the maximum number of dogs for a person to have is four in the draft PSPO?

Guidance issued by the RSPCA (and endorsed by Canine & Feline Sector Group, the Dogs Trust and the Pet Industry Federation) for professional dog walkers, and prepared in the best interests of animal welfare, recommends that no more than four dogs are walked by one person at any one time. This guidance is supported by a number of other organisations associated with professional dog walking.

15. Have you thought about a licensing scheme for professional dog walkers?

Yes, we have considered this. However, based on best practice guidance, we believe the maximum number of dogs that one individual can control is four - regardless of whether the person is a member of the public or professional dog walker. We therefore don’t consider a licensing scheme necessary.

Why your views matter

The vast majority of dog owners act responsibly, keeping their dogs under control and clearing up their dog’s waste. However, the Council continues to receive complaints about dog-related negative behaviour and irresponsible dog owners.

In response to this, we have made some proposed variations to the Dog Control PSPO and are consulting with residents to ask their opinions about a variety of dog control-related issues. The feedback from this consultation will help to shape and inform the final Dog Control PSPO.

We would like to hear your views on any aspects of the proposed Dog Control PSPO. Please complete the survey and provide us with your feedback.  

The consultation has been extended to ensure everyone has the opportunity to let us know what they think and now closes on 15 December 2023.

If you need any information on this website in a different format please email consultation@hackney.gov.uk  We’ll consider your request and get back to you within 5 working days.

Further information:
The draft Dog Control PSPO and the areas it covers can be viewed here.