What are byelaws?

Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area. They are accompanied by some sanction or penalty for their non-observance. If validly made, byelaws have the force of law within the areas to which they apply.

[Source: HM Government]

Why do we need byelaws?

National laws are intended to cover most situations but can’t address the multitude of different circumstances that exist across the country. National laws also take a long time to create and pass. Local byelaws can be enacted quickly by the people that they will affect. This makes byelaws a flexible way to create suitable rules for a wide range of circumstances.

Why is LPC reviewing its byelaws?

Lavant Parish Council has been reviewing its existing byelaws, made on 14th January 1996, which relate to the public space known as the Recreation Ground (more commonly referred to as the Village Green). These are attached here. As you will see they are minimal.

However, the Recreation Ground is not the only public space owned and/or managed by the Parish Council. LPC owns or manages a number of public spaces around the village, which it maintains for the benefit and enjoyment of all the residents of Lavant. Namely:

  • The Recreation Ground (incorporating the registered Village Green)
  • The Village Pond at Pook Lane/Sheepwash Lane
  • The Children’s Playground at Churchmead Close
  • The Car Park at Lavant Memorial Hall

In the not too distant future LPC will also come to own the new Sports Field and the Public Space at Pook Lane as part of the agreement to develop the old football field and the field down towards the Hall car park.

It is clear that our byelaws at the very least should encompass all of these sites and be brought up to date in terms of their content and coverage. At the moment they fall considerably short of being fit for purpose. LPC is seeking to adopt a generic set of byelaws, but one that is proportionate and appropriate to our local situation. The proposed byelaws have been based on a template model for byelaws supplied by HM Government.

Where can I see the proposed new byelaws?

Following LPC's initial public consultation with local bodies and organisations, the Secretary of State for the Ministry of Housing, Communities and Local Government has now given LPC leave to make the proposed byelaws, which can be viewed here.

LPC's report to the Secretary of State can be viewed here.

LPC's assessment of the impact of the proposed byelaws can be viewed here.

The statutory Public Notice indicating LPC's intent to make new byelaws can be viewed here.

How can I comment on the proposed new byelaws?

If you would like to comment on the proposed byelaws at this stage, you may do so in writing to the Parish Clerk (by email or post) by 31st May 2021. Please refer to our Contact Us page for details.

What will happen next?

Minor amendments may be made to the proposed byelaws as a result of this final statutory public consultation before they are finally “made” by the Parish Council.