Basingstoke and Deane Borough Council

byelaws for PLEASURE GROUNDS, public walks and open spaces

ARRANGEMENT OF BYELAWS

PART 1

GENERAL

1. General interpretation

2. Application

3. Opening times

PART 2

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

4. Protection of structures and plants

5. Unauthorised erection of structures

6. Climbing

7. Grazing

8. Protection of wildlife

9. Camping

10. Fires

11. Missiles

12. Interference with life-saving equipment

PART 3

HORSES, CYCLES AND VEHICLES

13. Interpretation of Part 3

14. Horses - Horse riding prohibited except in certain grounds (subject to bridleway, etc)

15. Cycling

16. Motor vehicles

17. Overnight parking

PART 4

PLAY AREAS, GAMES AND SPORTS

18. Interpretation of Part 4

19. Children’s play areas

20. Children’s play apparatus

21. Skateboarding, etc - Skateboarding, etc permitted only in designated area

22. Ball games - Prohibition of ball games in some grounds

23. Ball games

24. Archery

25. Field sports

26. Golf

PART 5

WATERWAYS

27. Interpretation of Part 5

28. Bathing

29. Ice skating

30. Model boats

31. Boats - To prohibit use of boats etc, without permission

32. Fishing

33. Pollution

34. Blocking of watercourses

PART 6

MODEL AIRCRAFT

35. Interpretation of Part 6

36. Model aircraft - General prohibition

PART 7

OTHER REGULATED ACTIVITIES

37. Provision of services

38. Excessive noise

39. Public shows and performances

40. Aircraft, hang-gliders and hot air balloons

41. Kites

42. Metal detectors

PART 8

MISCELLANEOUS

43. Obstruction

44. Savings

45. Removal of offenders

46. Penalty

47. Revocation

SCHEDULE 1 - Grounds to which byelaws apply generally

SCHEDULE 2 - Grounds referred to in certain byelaws

Byelaws made under section 164 of the Public Health Act 1875 and sections 12 and 15 of the Open Spaces Act 1906 by Basingstoke and Deane Borough Council with respect to pleasure grounds, public walks and open spaces.

PART 1

GENERAL

1. In these byelaws:

“the Council” means Basingstoke and Deane Borough Council;

“the ground” means any of the grounds listed in Schedule 1;

“designated area” means an area in the ground which is set aside for a specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position;

“invalid carriage” means a vehicle, whether mechanically propelled or not,

(a) the unladen weight of which does not exceed 150 kilograms,

(b) the width of which does not exceed 0.85 metres, and

(c) which has been constructed or adapted for use for the carriage of a person suffering from a disability, and used solely by such a person.

Application

2. These byelaws apply to all of the grounds listed in Schedule 1 unless otherwise stated.

Opening times

3. (1) No person shall enter or remain in the Walled Garden, Down Grange except during opening hours.

(2) “Opening hours” means the days and times during which the ground is open to the public and which are indicated by a notice placed in a conspicuous position at the entrance to the ground.

PART 2

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

Protection of structures and plants

4. (1) No person shall without reasonable excuse remove from or displace within the ground:

(a) any barrier, post, seat or implement, or any part of a structure or ornament provided for use in the laying out or maintenance of the ground; or

(b) any stone, soil or turf or the whole or any part of any plant, shrub or tree.

(2) No person shall walk on or ride, drive or station a horse or any vehicle over:

(a) any flower bed, shrub or plant;

(b) any ground in the course of preparation as a flower bed or for the growth of any tree, shrub or plant; or

(c) any part of the ground set aside by the Council for the renovation of turf or for other landscaping purposes and indicated by a notice conspicuously displayed.

Unauthorised erection of structures

5. No person shall without the consent of the Council erect any barrier, post, ride or swing, building or any other structure.

Climbing

6. No person shall without reasonable excuse climb any wall or fence in or enclosing the ground, or any tree, or any barrier, railing, post or other structure.

Grazing

7. No person shall without the consent of the Council turn out or permit any animal for which he is responsible to graze in the ground.

Protection of wildlife

8. No person shall kill, injure, take or disturb any animal, or engage in hunting or shooting or the setting of traps or the laying of snares.

Camping

9. No person shall without the consent of the Council erect a tent or use a vehicle, caravan or any other structure for the purpose of camping except in a designated area for camping.

Fires

10. (1) No person shall light a fire or place, throw or drop a lighted match or any other thing likely to cause a fire.

(2) Byelaw 10(1) shall not apply to:

(a) the lighting of a fire at any event for which the Council has given permission that fires may be lit;

(b) the lighting or use, in such a manner as to safeguard against damage or danger to any person, of a properly constructed camping stove, in a designated area for camping, or of a properly constructed barbecue, in a designated area for barbecues.

Missiles

11. No person shall throw or use any device to propel or discharge in the ground any object which is liable to cause injury to any other person.

Interference with life-saving equipment

12. No person shall except in case of emergency remove from or displace within the ground or otherwise tamper with any life-saving appliance provided by the Council.

PART 3

HORSES, CYCLES AND VEHICLES

Interpretation of Part 3

13. In this Part:

“designated route” means a route in or through the ground which is set aside for a specified purpose, its route and that purpose to be indicated by notices placed in a conspicuous position;

“motor cycle” means a mechanically-propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms;

“motor vehicle” means any mechanically-propelled vehicle other than a motor cycle or an invalid carriage;

“trailer” means a vehicle drawn by a motor vehicle and includes a caravan.

Horses

14. (1) No person shall ride a horse except:

(a) in Millennium Green, Whitchurch; or

(b) in the exercise of a lawful right or privilege.

(2) Where horse-riding is permitted in any ground by virtue of byelaw 14(1) (a) or a lawful right or privilege, no person shall ride a horse in such a manner as to cause danger to any other person.

Cycling

15. No person shall without either reasonable excuse or the consent of the Council ride a cycle in the ground except in any part of the ground where there is a right of way for cycles or on a designated route for cycling.

Motor vehicles

16. No person shall without either reasonable excuse or the consent of the Council bring into or drive in the ground a motor cycle, motor vehicle or trailer except in any part of the ground where there is a right of way for that class of vehicle.

Overnight parking

17. No person shall without the consent of the Council leave or cause or permit to be left any motor vehicle in the ground between the hours of 12 midnight and 6 a.m.

PART 4

PLAY AREAS, GAMES AND SPORTS

Interpretation of Part 4

18. In this Part:

“ball games” means any game involving throwing, catching, kicking, batting or running with any ball or other object designed for throwing and catching, but does not include cricket;

“golf course” means any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area or putting course;

“self-propelled vehicle” means a vehicle other than a cycle, invalid carriage or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more persons pulling or pushing the vehicle.

Children’s play areas

19 (1) No person aged 12 years or over shall enter or remain in a designated area which is a children’s play area unless in charge of a child under the age of 12 years.

(2) Byelaw 19(1) applies to the grounds listed in Part I of Schedule 2.

Children’s play apparatus

20. (1) No person aged 12 years or over shall use any apparatus stated to be for the exclusive use of persons under the age of 12 years by a notice conspicuously displayed on or near the apparatus.

(2) Byelaw 20(1) applies to grounds listed in Part 2 of Schedule 2.

Skateboarding, etc

21. (1) No person shall skate, slide or ride on rollers, skateboards or other self-propelled vehicles except in a designated area for such activities.

(2) Where there is a designated area for skating, sliding or riding on rollers, skateboards or other self-propelled vehicles, no person shall engage in those activities in such a manner as to cause danger or give reasonable grounds for annoyance to other persons.

Ball games

22. No person shall play ball games in the grounds listed in Part 3 of

Schedule 2.

23. In any ground where ball games are permitted no person shall play ball games in such a manner:

(a) as to exclude persons not playing ball games from use of that part;

(b) as to cause danger or give reasonable grounds for annoyance to any other person in the ground; or

(c) which is likely to cause damage to any tree, shrub or plant in the ground.

Archery

24. No person shall engage in the sport of archery except in connection with an event organised by or held with the consent of the Council.

Field sports

25. No person shall throw or put any javelin, hammer, discus or shot except in connection with an event organised by or held with the consent of the Council or on land set aside by the Council for that purpose.

Golf

26. No person shall drive, chip or pitch a hard golf ball except on the golf course in West Ham Park.

PART 5

WATERWAYS

Interpretation of Part 5

27. In this Part:

“boat” means any yacht, motor boat or similar craft but not a model or toy boat;

“power-driven” means driven by the combustion of petrol vapour or other combustible substances;

“waterway” means any river, lake, pool or other body of water and includes any fountain.

Bathing

28. No person shall without reasonable excuse bathe or swim in any waterway except in a designated area for bathing and swimming.

Byelaw 28(1) applies to the grounds listed in Part 4 of Schedule 2.

Ice skating

29. No person shall step onto or otherwise place their weight upon any frozen waterway.

Model boats

30. No person shall operate a power-driven model boat on any waterway except in a designated area for model boats in Eastrop Park.

Boats

31. No person shall sail or operate any boat, dinghy, canoe, sailboard or inflatable on any waterway without the consent of the Council.

Fishing

32. No person shall in any waterway cast a net or line for the purpose of catching fish or other animals.

Pollution

33. No person shall foul or pollute any waterway.

Blocking of watercourses

34. No person shall cause or permit the flow of any drain or watercourse in the ground to be obstructed or diverted, or open shut or otherwise move or operate any sluice or similar apparatus.

PART 6

MODEL AIRCRAFT

Interpretation of Part 6

35. In this Part:

“model aircraft” means an aircraft which weighs not more than 7 kilograms without its fuel;

“power-driven” means driven by:

(a) the combustion of petrol vapour or other combustible substances;

(b) jet propulsion or by means of a rocket, other than by means of a small reaction motor powered by a solid fuel pellet not exceeding 2.54 centimetres in length; or

(c) one or more electric motors or by compressed gas.

“radio control” means control by a radio signal from a wireless transmitter or similar device.

General prohibition

36. No person shall cause any power-driven model aircraft to:

(a) take off or otherwise be released for flight or control the flight of such an aircraft in the ground; or

(b) land in the ground without reasonable excuse.

PART 7

OTHER REGULATED ACTIVITIES

Provision of services

37. No person shall without the consent of the Council provide or offer to provide any service for which a charge is made.

Excessive noise

38. (1) No person shall, after being requested to desist by any other person in the ground, make or permit to be made any noise which is so loud

or so continuous or repeated as to give reasonable cause for annoyance to

other persons in the ground by:

(a) shouting or singing;

(b) playing on a musical instrument; or

(c) by operating or permitting to be operated any radio, amplifier, tape recorder or similar device.

(2) Byelaw 38(1) does not apply to any person holding or taking part in any entertainment held with the consent of the Council.

Public shows and performances

39. No person shall without the consent of the Council hold or take part in any public show or performance.

Aircraft, hang gliders and hot air balloons

40. No person shall except in case of emergency or with the consent of the Council take off from or land in the ground in an aircraft, helicopter, hang glider or hot air balloon.

Kites

41. No person shall fly any kite in such a manner as to cause danger or give reasonable grounds for annoyance to any other person.

Metal detectors

42. No person shall without the consent of the Council use any device designed or adapted for detecting or locating any metal or mineral in the ground.

PART 8

MISCELLANEOUS

Obstruction

43. No person shall obstruct:

(a) any officer of the Council in the proper execution of his duties;

(b) any person carrying out an act which is necessary to the proper execution of any contract with the Council; or

(c) any other person in the proper use of the ground.

Savings

44. (1) It shall not be an offence under these byelaws for an officer of the Council or any person acting in accordance with a contract with the Council to do anything necessary to the proper execution of his duty.

(2) Nothing in or done under these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting lawfully by virtue of some estate, right or interest in, over or affecting the ground or any part of the ground.

Removal of offenders

45. Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable.

Penalty

46. Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Revocation

47. (1) Byelaw numbers 3 to 19 and 22 to 24 made by Basingstoke and Deane Borough Council on 28 June 1984 and confirmed by the Secretary of State for the Home Department on 29 August 1984 relating to the ground are hereby revoked.

(2) Byelaws made by Basingstoke and Deane Borough Council on 1 October 2003 and confirmed by the Secretary of State for the Office of the Deputy Prime Minister on 17 November 2003 relating to the War Memorial Park are hereby revoked

SCHEDULES

SCHEDULE 1

GROUNDS TO WHICH BYELAWS APPLY - GENERALLY

THE GROUNDS REFERRED TO IN BYELAW 2 ARE:

1. Abbey Road (B), play area to the rear of 331 – 333 Abbey Road

2. Ajax Close Open Space, Chineham

3. Alliston Way Open Space, Whitchurch

4. Aldermaston Road Open Space

5. Arcadia Close Play Area

6. Arlott Drive Play Area

7. Ascension Close Play Area

8. Ash Road Open Space, Bishops Green

9. Ash Road Open Space Play Area, Bishops Green

10. Avon Road Play Area, Oakley

11. Bach Close Play Area

12. Bardwell Close Play Area

13. Basing Lime Pits

14. Basingfield Play Area

15. Beach Park, Oakley

16. Beech Road Open Space, Bishops Green

17. Beethoven Close Open Space

18. Beethoven Close Open Space Play Area

19. Beggarwood Park

20. Belle Vue Play Area, Old Basing

21. Bennet Close/Martin Close Play Area

22. Berrydown Sports Ground, Overton

23. Bermuda Close, Rear of Medical Centre Play Area

24. Bernstein Road (A), play area to the rear of 86 – 89 Bernstein Road

25. Bernstein Road (B), play area to the rear of 81 Bernstein Road

26. Binfields Wood Play Area

27. Black Dam Water Feature and Open Space

28. Open Space at Bloswood Lane, Whitchurch

29. Brackley Way Open Space

30. Bramley Green Road, Bramley, play area to the side of 25 Bramley Green Road

31. Bridge Street Sports Ground, Overton

32. Brighton Hill Central Park

33. Brighton Hill Neighbourhood Park

34. Brighton Hill Playing Fields

35. Burney Bit Open Space, Pamber

36. Burney Open Space Play Area Pamber

37. Carpenters Down

38. Chatsworth Green Open Space

39. Chineham Park

40. Grounds of Chineham Village Hall, Chineham

41. Chopin Road Play Area

42. Church Square (a) Remembrance Gardens

(b) Aromatic Gardens

43. Clift Meadow, The Street, Bramley

44. Coniston Road Open Space

45. Constantine Way, play area at the front of Number
23 Constantine Way

46. Cordale Road Play Area

47. Crabtree Plantation

48. Crabtree Way Play Area

49. Cranesfield, Sherborne St. John, Play Area to the side
of 34 Cranesfield

50. Cuckoo Meadow, North Waltham

51. Cufaude Lane Play area

52. Culver Road, Play Area at the side of 36 Culver Road

53. Daniel Road Open Space, Whitchurch

54. Daniel Road Open Space, Whitchurch Play Area

55. Denham Drive Open Space

56. Dibley Close Play Area

57. Down Grange Playing Fields

58. Droxford Crescent Open Space, Tadley

59. Dummer Recreation Ground

60. Eagle Road , Bishops Green Play Area

61. Eastrop Community Centre Play area

62. Eastrop Link

63. Eastrop Park

64. Eastrop Play Area

65. Edward Kersley Playing Field, Overton

66. Fairfields Recreation Ground

67. Farrier’s Field Play Area, Bramley

68. Farringdon Way Open Space, Tadley

69. Fennel Close Play Area

70. Fieldgate Sports Ground, Kingsclere

71. Fletcher Road Play Area

72. Foxdown Open Space, Overton

73. Foxdown, Overton Play Area

74. Gainsborough Road, Play Area to the rear of
188 – 124 Gainsborough Road

75. Garret Close, Kingsclere Play Area

76. Glebe Gardens

77. Glebe Lane Play Area, Wolverton Common, Baughurst

78. Glebe Lane Play Area, Wolverton Common Play Area, Baughurst

79. Goodman Close, Play Area to the rear of 22 Goodman Close

80. Gracemere Crescent Open Space

81. Guernsey Close Play Area, at the front of numbers 63-73

82. Hanmore Road Youth Facility and Play Area

83. Harveys Field, Overton

84. Harveys Field , Overton Play Area

85. Hatchwarren Park

86. Hatch Warren Playing Fields

87. Havenlea Playing Area, Pamber Heath

88. Heathend, East Woodhay

89. Heathend Play Area, East Woodhay

90. Heather Way Open Space

91. Heather Way Open Space Play Area

92. Heathlands Play Area, Penwood

93. Heathlands Recreation Ground, Highclere

94. Heron Way Open Space

95. Heron Way Open Space Play Area

96. Highpathway Play Area

97. Horwood Gardens Open Space, to the rear
of 13 – 16 Horwood Gardens

98. Kennet Way Open Space, Oakley

99. Kennet Way Play Area, Oakley

100. Kevin Close Open Space, Kingsclere

101. King George V Playing Field

102. King George V Playing Field Play Area

103. Kings Road Open Space

104. Kings Road Open Space Play Area

105. Kingsley Park, Whitchurch

106. Kingsmill Road Open Space

107. Knight Street Play Area

108. Inkpen Gardens

109. Inkpen Gardens Play Area

110. Land to the East of the Memorial Hall, Pamber Heath

111. Lennon Way Play Area at the side of 39 Lennon Way

112. Lightsfield Open Space, Oakley

113. Lime Pits Park, Redbridge Lane

114.Little Hoddington Play Area

115. Little Penwood Woodland, Highclere

116. Lodden Valley Open Space

117. Lodden Valley Open Space Play Area

118. Long Copse Chase Play Area

119. Longcroft Road Open Space, Kingsclere

120. Longcroft Road Open Space, Kingsclere Play Area

121. Long Grove Park, Baughurst

122. Lyford Road Open Space

123. Lyford Road Open Space Play Area

124. Lymington Close, Play Area at the front 14 Lymington Close

125. Maldive Road Play Area

126. Malt House Park, Kingsclere

127. Mathias Walk, Play Area to the rear of 66 – 70 Mathias Walk

128. Meadowland Play Area

129. Mill Road Play Area

130. Millennium Green, Laverstoke

131. Millennium Green, Whitchurch

132. Moat Close Open Space, Bramley

133. Moorhams Close, Play Area at the side of 18 Moorhams Close

134. Mortimer West End Playing Field

135. Mortimer West End Playing Field Play Area

136. Munnings Close (A), Play Area between 30 – 31 Munnings Close

137. Munnings Close (B), Play Area to the rear of 23 – 25 Munnings Close

138. Newfound Playing Field, Oakley

139. Oakfield Close, Ecchinswell, Play Area beyond Garage Court

140. Oaklands Way Open Space

141. Oakridge V Open Space

142. Oakridge Road Open Space

143. Oakridge Road Open Space Play Area

144. Oak Tree Park, Harveys Field, Overton

145. Old Down Park

146. Otterbourne Crescent, Tadley, Play Area to the side of
30 Otterbourne Crescent

147. Oyster Close, Play Area at the front of 9 Oyster Close

148. Pamber Park, Pamber Heath

149. Pennine Way (A), Play Area at the side of 7 Pennine Way

150. Pershore Road (A), Play Area at the front of 46 Pershore Road

151. Peter Houseman Field, Oakley

152. Petersfield Close Play Area

153. Pettys Brook Road Play Area

154. Petworth Close, Play Area at the front of 10 Petworth Close

155. Pineapple Playing Fields, off the B3051, Brimpton Common

156. Playing Field, The Green, Tadley

157. Playing Field, Wolverton

158. Popley Five Open Space

159. Popley One Open Space at the end of Browning Close

160. Popley Ponds, Tobago Close

161. Poultons Road Open Space, Overton

162. Quilter Road Play Area

163. Radford Gardens Open Space

164. Ramsdell Recreation Ground

165. Ramsdell Road Play Area, Monk Sherborne

166. Recreation Ground, Ashford Hill

167. Recreation Ground, Hurstbourne Priors

168. Recreation Ground at Kingsley Park, Whitchurch

169. Recreation Ground, Mapledurwell and Up Nately

170. Recreation Ground, Preston Candover

171. Recreation Ground, St. Mary Bourne

172. Recreation Ground, Stratfield Turgis

173. Recreation Ground, The Street, Old Basing

174. Recreation Ground, Vyne Road, Sherborne St John

175. Reynards Close Open Space, Tadley, Beyond Garage Court

176. Roseberry Close, Play Area at the side of 3 Roseberry Close

177. Russell Howard Park

178. Sapley Lane Playing Field, Overton

179. Sarisbury Close Open Space, Tadley

180. Schubert Close (B), Play Area at the front of 79 Schubert Close

181. Selby Walk and Popley Play Centre (Open Space between)

182. Sherborne Road Playing Field

183. Sherwood Close, Play Area at the front of 5 and 6 Sherwood Close

184. Sibelius Close (A), Play Area at the front of 80 Sibelius Close

185. Sibelius Close (B), Play Area at the front of 26 Sibelius Close

186. Sibelius Close (C), Play Area to the rear of 12 Sibelius Close

187. Sidlaw Close Play Area

188. Silvester Close Play Area

189. Simons Close, Play Area to the rear of 14 Simons Close

190. St John’s Piece, Oakley

191. St Joseph’s Crescent Play Area

192. St Mark’s Way Play Area, Bramley

193. St Mary’s Avenue Play Area, Bramley

194. St Mary’s Close Open Space, Bramley

195. Stockbridge Close Play Area

196. Stoke Recreation Ground

197. The Play Area, Stoke

198. Stratton Park

199. Strokins Road Play Area, Kingsclere

200. Southdown Road Park, Tadley

201. Southview disused Cemetery

202. Sycamore Way, Play Area at end of road

203. The Common Play Area, Headley

204. Sherfield Village Green

205. (The Enclosed Play Areas at )The Sports Centre, Harts Lane, Burghclere

206. The Millfield Open Space, Bartons Lane

207. The Moat Open Space, Chineham

208. The Orchard Open Space

209. Tintern Close Play Area

210. Tiverton Road Play Area

211. Town Meadow, Overton

212. Two Gate Meadow, Overton

213. Upper Farm Road Open Space, Oakley

214. Victory Park

215. Village Hall Play Area, Ecchinswell

216. Village Hall Open Space, Preston Candover

217. Walled Garden, Down Grange

218. Warblington Close, Tadley, Play Area to the side of
21 Warblington Close

219. War Memorial Park

220. Watling End, Play Area at the front of 13 Watling End

221. West Ham Park

222. Whiteditch Playing Field

223. Open Space, Wildwood Estate, Baughurst

224. Wigmore Heath, Tadley

225. Witan Court Play Area, Whitchurch

226. Winklebury Centre Play Area

227. Winklebury Playing Field

228. Wood Close (A), Play Area at the front of 18 Wood Close

229. Woolton Hill Recreation Ground, Woolton Hill

230. Wootton St Lawrence Play Area

231. Worcester Road Play Area

SCHEDULE 2

GROUNDS REFERRED TO IN CERTAIN BYELAWS

Part 1

CHILDREN`S PLAY AREA (BYELAW 19)

Part 2

CHILDREN`S PLAY APPARATUS (BYELAW 20)

Part 3

BALL GAMES (BYELAW 22)

(b) Aromatic Gardens

2. The Walled Garden, Down Grange

Part 4

BATHING (BYELAW 28)

1. Eastrop Park

2. Chineham Park

The COMMON SEAL of THE BOROUGH )

was hereunto affixed on the day of )

two thousand and seven in the presence of:- )

Head of Legal and Democratic Services