Decision details

1          That powers be delegated to the Director of Environment, Culture and Communities authorising him to undertake all Council functions arising from the Policy annexed to the report.

2          That the Policy document attached to the report as Annex A be approved.

3          That it be noted that the service responsible for the management of the land will be responsible for implementing the actions and any subsequent costs incurred.

Fly grazing has increased significantly nationally in recent years.  The change to the legislation provides Councils with more effective ways of dealing with such activity in public spaces; however it also exposes Councils to potentially significant costs associated with the removal, treatment, care and subsequent disposal of horses.  The majority of local incidents occur on private land and the Council must be careful not to get itself dragged into funding the removal of horses from land where there is an absent owner or an owner who is not prepared to take action themselves.  The Policy sets out a position which is defendable for public spaces but also clearly sets out our position where private land is involved.

The Council could agree to have no policy but in such circumstances it may find that it is the subject of legal challenge by people impacted by fly grazing upon public space where they perceive the Council has failed to take reasonable action to avoid foreseeable consequences.  This might be through horses attacking people in a public area, preventing the use of a public right of way or causing a hazard upon the highways. The Policy sets the framework within which the Council will guide its decisions and actions.

None.

None.