FOOPA

Portsmouth City Council is consulting on a proposed access policy for the area around the Camber dock.

FOOPA have made the following comments and objections:

1. The proposal of a Public Access Policy for the Camber was first put forward by former Cabinet Member for Transport Cllr Ken Ellcome and publicly announced at the December 2015 Old Portsmouth & Gunwharf Quays Neighbourhood Forum (OPGQNF). Its manifestation three years later, and after the Secretary of State has directed PCC to raise an Order for a Restricted Byway, makes this Access Policy untimely, irrelevant, and potentially undermines or prejudices a public inquiry following the publishing of the Order.
2. Advertising this Access Policy consultation solely via the Council website without site notices, letters to residents, and wider publicity is discriminating against those who do not use the Internet. In any case, unless made aware of the consultation, residents and visitors to the Camber would not proactively be checking the PCC website.
3. At the OPGQNF meeting on 6 December 2018, the City Solicitor explicitly told residents that this Camber Access Policy would not alter any rights at the Camber that the public currently enjoys. On the contrary, this policy diminishes public rights significantly. For example, it introduces the principle of permissive rights, which have not existed before or currently. There is no attempt to explain the meaning of this to make it clear.
4. The consultation should present all options for the public to consider. Instead, the public are presented with an unbalanced account that does not explain the existence of the Right Of Way as has been legally established. This is denying the general public the opportunity to understand the complex arguments and so make an informed decision.
5. The set of restrictive rules drafted in the Access Policy give the impression that problems of Anti-Social Behaviour at the Camber will disappear once enacted. However, the policy replicates the same laws (such as Trespass) that apply to the Camber area now, and on any other land in the City, whether it is council owned or privately leased. There is no additional legal redress provided by this Access Policy. The banning of young unaccompanied individuals who might be engaged in everyday activities, such as photography, might be questionable under the Equalities Act.
6. It is not clear if, how and by whom this policy would be enforced.
7. Does “motorised” vehicles include mobility scooters and power assisted bicycles / scooters etc.? There are no definitions of terms such as ‘users’.
8. Does this Access Policy set a precedent in Portsmouth or are there other areas owned by PCC and used as public spaces, which operate under the same Access Policy?
9. The draft Access Policy map draws a red line around the Camber, including East Street and land that is leased by the Council. The map should accurately illustrate the area outside these leased parts and highways to indicate precisely where the policy applies.

You can provide your feedback to the access policy by emailing comments to consultation@portsmouthcc.gov.uk

The consultation closes at midnight on 20 January 2019.