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My husband and I plus dogs will be coming over to the IOW in the summer for our annual holiday. We usualy like to let the dogs have a run on the designated area just past Appley Tower and then have a cup of coffee at the Dell Cafe. Now there are new rules for Ryde beach, we do not now where to access the beach or exit it with dogs. Plus where can I let them have a run. Can some one please advise me.

Hi Spinx this decision is to be taken by the councils cabinet tomorrow, I have written to the council leader David Pugh (you have probably seen him on YouTube but be warned as it contains very offensive language) today, regarding the misleading evidense which has been produce regarding the ban.

Dear Sir,

 I am writing to you as the Leader of the council as the Cabinet of the council are to decide tomorrow on the amendment to the Dog Control Exclusion (Isle of Wight) Order 2008.

I wish to draw to your attention, and that of the other Cabinet members, that the document relating to this decision http://www.iwight.com/council/committees/cabinet/13-4-10/Paper%20B.pdf is flawed and misleading, as the information contained in it has been "sexed up" assumably in order for the council to secure the dog ban on Ryde Sands which they have been relentlessly pursuing, which has so far resulted in the views expressed by the residents Ryde Town Council, the IW council members whose wards include Rydes beaches and the Cabinet Member responsible for taking the delegated decision, all being dismissed.

Under the heading Background the document refers to an out of date Residents survey and ongoing feedback indicated   

that dog fouling is a problem on the Island. Yet the five Dog wardens, employed by the council, have only issued 11 Fixed Penalty Notices for dog fouling, one of which was successfully challenged in court, for the whole island during the  twelve month period covering the whole of last summer. This in no way backs up there being a fouling problem, or at least if there is a problem it ilies with the pathetic performance of the Dog Service. Also had this out of date Survey been relevant, was it referring to dog fouling on the beaches being a problem? Or was it much more likely referring to the problem on the streets? This is indeed where the problem lies not on the beaches. And this is where the Dog Service is failing to do its job.

3. The 2006/07 Residents Survey and ongoing feedback from other forums indicated   

that dog fouling is a problem on the Island.

The paragraph below refers to the "Loss of the Blue Flag" Ryde does not have a Blue Flag Award to lose. Regardless of which

37.  Option 4.  To have no dog beach ban in Ryde will result in no enforcement or legal

challenge issues for the Council. Without a dog beach ban the Council will be unable to

apply for a Blue Flag for Ryde East beach. The loss of the Blue Flag will inevitably lead

to a gradual reduction in the level of service on the beach and to the local economy as

visitors are drawn elsewhere.

The paragraph below refers to "reducing the beach ban by 1 mile from 5 to 4 miles or from 8% to 6% of the Islands 65 miles of coastline." In fact the "area" of Island beach ban is to vastly increase. This figure is referring to the length of the beaches not the area of them. The ban on Ryde Sands alone will be increased by several square miles.

39.  Option 2. In order to minimise the risk of legal challenges and adverse publicity to the

enforcement of the revised Dogs Control Exclusion (Isle of Wight) Order, it will be

included in the Isle of Wight Council’s Enforcement Policy on the Use of Fixed Penalty

Notices for Environmental Offences’ to ensure that an effective and consistent

approach to enforcement is maintained. The proposed revisions will reduce the dog

beach ban area by 1 mile from 5 to 4 miles or from 8% to 6% of the Islands 65 miles of

coastline.

The paragraph below refers to the difficulty of  enforcement resulting in doubt over its inclusion in the Enforcement Policy and that the policy "is in place to ensure that there is an effective and consistent approach to enforcement." Yet the Ryde Town Council were informed by the IW councils representative at their meeting on 1st February 2010 that the Dog Control Exclusion (Isle of Wight) Order 2008 (implemented by the IW council two years ago) was "Unenforceable" resulting in only one single FPN being issued on Ryde beaches during the last twelve months. Consequently there is no effective and consistent approach to enforcement in the Ryde area, and the proposed amendment (Option Two) would be even less enforceable due to its ambiguity. And open to legal challenge.

40.  Option 3. The Council would not be providing people, particularly children, access to a

completely dog free area in Ryde where dogs are kept  under strict control. The

proposed revision to the Ryde beach ban would mean that it may be extremely difficult

to enforce and therefore it  may not be included in the Isle of Wight Council’s

Enforcement Policy on the Use of Fixed Penalty Notices for Environmental Offences’.

This policy is in place to ensure that there is an effective and consistent approach to

enforcement.

The paragraph below refers to "The Council would not be able to apply for a Blue Flag for Ryde East beach without the

dog beach ban outlined in Appendix 1" The council not being able to apply for a Blue Flag does not constitute necessary and proportionate response to problems caused by the activities of dogs and those in charge of them. This is a requirement of the DEFRA Guidance in making a Dog Control Order:

"Council should only make orders where it is able to show that it is necessary and proportionate response to problems caused by the activities of dogs and those in charge of them"

Regardless of which no evidence has been produced that a Blue Flag, and all the expense of obtaining the award and complying with the wide reaching criteria, would benefit income from tourism.

Even if the Cabinet considered the newly introduced Blue Flag Award criteria (banning dogs) was considered a valid reason to introduce a ban, a ban for this reason could not be proportional in the years that Ryde is unable to even apply for the award due to the poor water quality, which has been the case in the past two years.

41.  Option 4.  The Council would not be providing people, particularly children, access to

a completely dog free area in Ryde where dogs are kept under strict control. The

Council would not be able to apply for a Blue Flag for Ryde East beach without the

dog beach ban outlined in Appendix 1. The Blue Flag is a widely-recognised award

which brings the Island national recognition, visitors and publicity. 

I would have wished to have further time to examine this document Cllr Pugh but it has only come to my attention at the final hour and therefore that has not been possible.

Would you please inform me which of the councils policies governs its officers misleading Cabinet Members or order that I can pursue a Formal complaint regarding the matter.

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Yours Sincerely

And I wrote to all the Cabinet members yesterday regarding this meeting.

Dear IW Council Cabinet Members,

I am writing to you as you are to decide, on the 13th April, whether to approve the amendment to the Dog Control Exclusion (Isle of Wight) Order 2008.

As you are aware this decision was intended as a delegated decision to be taken by the Cabinet Member for Fire and Community Safety Cllr Abraham, however as Cllr Abraham's decision was not what was required of him the decision is now to be taken by the Full Cabinet. It would appear that there was only one choice available to Cllr Abraham in taking this decision, and as he would not adopt that single choice his opinion has been discounted.

I have corresponded at length with Cllr Abraham over the proportionality, enforceability and safety of this proposed Order and I am now writing to you to inform you that in the event of a fatality on Ryde Sands, due to the council implementing this Order, my intention is to supply all evidence to the Coroner, including this email to all the Cabinet members taking this decision, that the council have been made aware of the danger to the public of forcing dog owners into the hazardous area beyond the Mean Low Water mark.

The councils officers appear to be confident that the ban to Mean Low Water mark does in effect include all the foreshore or seashore which lies between the high water mark and the low water mark, wherever that may be. However although this would indeed be the case, that the restricted area would extend to the fluctuating low water line, had the restricted area only been defined by the text of the Order. The council have, however, supplied a map (Schedule 1, Ryde Sands) which forms part of the Order and this map defines the restricted area of the Order at an exact boundary. Therefore a person accompanied by a dog would be permitted in the area beyond this defined boundary the council have supplied, and as this area is often uncovered by the sea, because Mean Low Water only defines the average low water mark taken over a nineteen year cycle, consequently the councils proposed Order would be making a requirement of dog owners, wishing to legitimately exercise their dogs on Ryde Sands, to only do so in this hazardous and dangerous area.

The Mean Low Water mark is a theoretical line on the map, although it defines the physical extent of the restricted area upon the supplied  map there is no way of defining where it lies on the ground, for either the member of the public or the Enforcing officer, therefore its enforceability would be open to legal challenge.

In addition neither the eastern or the western edges of this restricted area could be defined by a person on the ground, they do not even leave the sea-wall at a right angle. How could anyone judge whether or not they are complying with the Order?

Also a  person exercising his dog beyond the western edge of the area would be forced into the hovercraft manoeuvring area.

Ryde does not have a Blue Flag Award at present. However, much significance has been placed on the Blue Flag Award by the councils officers. Although the criteria for the award has this year been changed, and that only for the UK, in that dogs have to be excluded from the beach, it does not however follow that this change from year to year constitutes a problem caused by dogs and their owners. Neither is introducing a ban on these grounds a necessary and proportional response to problems caused by dogs and their owners. This is a requirement of the DEFRA Guidance for Dog Control Orders. If the Order does not comply with this guidance it is open to legal challenge.The dogs and their owners are not causing any more problems this year than they were last year, they are not the problem here Encams one size fits all criteria is.

Even if the Blue Flag Award criteria was considered a valid reason to introduce a ban, a ban for this reason could not be proportional in the years that Ryde is unable to even apply for the award due to the poor water quality, which has been the case in the past two years.

This proposal has so far been opposed by the residents, the Ryde Town Council, the IW council members whose wards include Rydes beaches and the Cabinet Member responsible for taking the delegated decision.

This proposed ban is open to legal challenge on many grounds and if implemented it will be challenged.

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Yours Sincerely

Well sphinx from the reports I have had coming in from my contacts it seems we have won the fight and the beach ban at Ryde will remain as it was last year.

The councils officers aint going to be too happy with that though as they wont get to fly their beloved Blue Flag.

All is not lost for them though as they could always compomise and fly the White Flag at Ryde instead