Proposed Public Space Protection Orders (PSPO)

PSPO Test

Behaviour being restricted has to:

  • Be having, or be likely to have, a detrimental effect on the quality of life of those in the locality
  • Be persistent or continuing nature
  • Be unreasonable

PSPO Threshold Test

If having initially met the above mentioned test, the community safety team will investigate your request however, to continue with any application for a PSPO, the complaints will need to meet our threshold to justify and substantiate any such application proceeding.

Stage 1 – Data and statistics collation

Collation and gathering of crime & disorder and anti-social behaviour statistics which should meet the local test which is:

  • The area must have at least a 20% higher crime or ASB rate than the ward average per household

If the scheme or application does not meet this test, we will not proceed at this time but it may be possible to re-try in 6 months if the nuisance is still persistent.

Stage 2 – Initial consultation

However, if the application meets the above test, we would proceed with the application to the next stage which is ‘Initial Consultation’ with the affected residents and businesses, from whom we would require a minimum 60% response rate. Failing to meet this may stop the application.

Stage 3 – Senior Policy Team (SPT)

The community safety team will prepare a detailed report consisting of findings and results from stage 1 and 2, which will be put before the senior policy team to make a decision. If approved by the SPT, we will continue to stage 4.

Stage 4 – Statutory consultation – 14 days

This will once again include consultation with the residents and businesses consulted with in stage 2, but will also include public signs on the street, Council website and consulting with the ward members and authorities and organisations. 

Depending on the outcome of the statutory consultation, will determine if it can be proceeded to the next and final stage or if modifications are required to the order.

Stage 5 – Legal approval

The community safety team will present a comprehensive file of evidence to the legal team for their seal of approval of the order.

It will be the decision of the legal team whether or not they endorse the order.

Alley gates

For the application of alley gates, it would have to meet the PSPO test and follow the same process as detailed above however, a Planning application would also need to be submitted prior to stage 3.

Funding for the alley gates needs to be taken into consideration by the applicant as there is no longer any funding available from Blackburn with Darwen Borough Council. For further costings regarding alley gates please contact the Community Safety Team on community.safety@blackburn.gov.uk

The process flowcharts and alley gating specifications can be found below.

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